January 8, 2003
January 10, 2003
January 14, 2003
January 16, 2003
January 20, 2003
January 22, 2003
January 23, 2003 – Subcommittee
January 24, 2003
January 28, 2003
January 29, 2003 – Subcommittee
January 30, 2003
January 31, 2003 – Subcommittee
February 4, 2003
February 6, 2003
February 10, 2003
February 12, 2003
February 14, 2003
February 18, 2003
February 20, 2003
February 24, 2003
February 26, 2003
February 28, 2003
March 4, 2003
March 6, 2003
March 10, 2003
March 12, 2003
March 14, 2003
March 20, 2003
March 24, 2003
March 28, 2003
April 4, 2003
April 10, 2003
April 17, 2003
DATE: | January 8th, 2003 |
TIME: | 2:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez |
ABSENT/EXCUSED: | Rep. Mitchell |
GUESTS: | See attached sheet. |
Chairman Sali called the first meeting of the Health and Welfare committee to order at 2:50 P.M. He announced to the Committee that the purpose of today’s meeting is to familiarize the Committee on two of the divisions within the Department of Health and Welfare, the Division of Welfare and the Division of Health. He asked that committee members hold their questions until the end of the presentations. Karl Kurtz, Director of the Department of Health and Welfare, addressed the Scott Cunningham, Administrator of the Division of Welfare, addressed the He then explained the various programs administered by the Divison of Aid to the Aged, Blind and Disabled(AABD) provides cash assistance to The Food Stamp Program helps low-income families maintain good health The Idaho Child Care Program, (ICCP) subsidizes child care costs for low-income families while parents work or attend educational or training Beginning in 1998, the Electronic Benefit Transfer(EBT) System was The Department also provides a variety of Self Reliance programs. Adult The Food Stamp Program includes the Job Search and Assistance Adults participants who receive aid through TAFI are required to participate The Child Support Program promotes physical and economic health of In 1999, the federal government mandated that all child support cases must Child Support Services uses a variety of methods to enforce child support
The Division of Welfare administers federal grant programs to improve living The Community Service Block Grant is distributed throughout all 44 counties The Emergency Food Assistance Program distributes USDA purchased The Community Food and Nutrition Program provides education about food The Low-Income Home Energy Assistance Program is federally funded and The Telephone Service Assistance Program provides assistance with The Weatherization Assistance program reimburses community action and Mr. Cunningham then discussed with the Committee the faith-based Mr. Dick Schultz, administrator of the Division of Health, addressed the
The Division contracts with the District Health Departments to provide many Mr. Schultz then discussed the various bureaus within the Division. They The Children’s Special Health Program contracts with clinics that are staffed The Immunization Program provides around 500,000 doses of childhood The Newborn Screening/Genetics Clinic program provides physicians in the The Reproductive Health program contracts with District Health Departments The STD and AIDS program also contracts with District Health Departments The Women Infants and Children program(WIC) contracts with District About 33,000 patients per year are served by this program.
Mr. Schultz then discussed the various health promotion programs. These
The Environmental Health Bureau includes the following programs; the The Bureau of Health Policy and Vital Statistics include the Health The Bureau of Emergency Medical Services was then discussed. The The Provider Resource program administers grants to primarily rural EMS The Bureau of Public Health Laboratory includes the following sections; The Division of Health also includes the Office of Epidemiology and the During a question and answer period with the presenters, the following program was also discussed. Mr. Cunningham stated that because the In response to Committee questions, Mr. Schultz made the following
He explained that the Division has crafted a plan with the mosquito
In response to questions from the Committee, Mr. Schultz discussed the Mr. Schultz also discussed the bioterroism threat. He explained that the Director Karl Kurtz address the Committee to summarize. He stated that 1. The Department will ask for 26 million dollars in General Fund monies; 17 2. The Department will ask for a 7 million dollar increase for Welfare 3. The Department will ask for a 3 million dollar increase for changes in the Chairman Sali thanked the participants and introduced those present. He |
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ADJOURN: | There being no further business to be brought before the Committee; Chairman Sali adjourned the meeting at 4:50 P.M. |
DATE: | Friday, January 10th, 2003 |
TIME: | 8:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/EXCUSED: | None |
GUESTS: | See attached list |
MOTION: | Rep. Garrett made a motion to approve the minutes of the January 8, 2003 as submitted. On a voice vote, the motion carried. Chairman Sali announced that the rules will be heard by the entire Joyce McRoberts, Deputy Director of the Department of Health and Ken Diebert, administrator of the Division of Family and Community He then discussed with the Committee budget concerns. He stated that in Mr. Diebert explained that the Division has been faced with many difficult They worked to avoid major impacts in the programs that the Department He then described the various programs that fall under the Division of Family The first program discussed was the Idaho CareLine 211. This is a bilingual, The Children and Family Services Program is responsible for Child The Child Protective Services program focuses on safety, permanence and The cornerstone of the child welfare system is the Foster Care Program. The Children’s Mental Health program provides services to children who The State entered into this agreement as a result of a suit filed against the Other vital services provided by the Division come within the programs for The substance abuse services program with the Division contracts out all The substance abuse staff partnerships with the Idaho State Police for the Mr. Diebert then discussed the group of programs that provide services to The Idaho Infant Toddler Program serves children from birth to three years The Division provides intake, eligibility, determination, service authorization, He then discussed the various core services that the Division provides or He explained that the work performed by the Division is complex and Kathleen Allyn, deputy administrator of the Division of Medicaid, addressed Within the Division of Medicaid, they also carry out the statutory state She then explained the difference between the Medicare program and the Medicare was established to cover the specific medical care needs of the Medicaid is the nation’s health insurance program for many low-income In Medicaid, each state, within federal guidelines, establishes eligibility Idaho has a basic program. There is currently on average, about 150,000 Most people who use Medicaid can’t afford private insurance or need The Department provides few direct healthcare services. Through Medicaid, Because of the escalating costs of the program, Medicaid has intensified its Those eligible for Medicaid fall into three low income groups. These include Ms. Allyn explained that pregnant women and children in families with Medicaid primarily covers hospital and physician care of the elderly. It does Many elderly people must be covered by Medicaid because they receive Many people with disabilities also must be covered by Medicaid because She further explained that it is not enough just to be poor to qualify for Additionally, in 1997, Congress enacted Title XXI of the Social Security Act By choosing to participate in Medicaid, Idaho must cover a minimum set of Medicaid pays medical care providers directly for services provided to The Federal Government pays a share of the medical assistance Ms. Allyn explained that federal legislative requirements have increased the Ms. Allyn then discussed with the Committee managing the cost of The Medicaid program is now undertaking more intensive review of Ms. Allyn stated that Medicaid is working to increase enrollment in the She further stated that management steps are being developed for the Also, the Medicaid program has developed lower cost alternatives to She explained that the Aged and Disabled Waiver or A&D Waiver is the most In summary, Ms. Allyn, explained that the economic predictions for fiscal In response to questions from the Committee, the following points were In response to questions posed by Committee members, Gary Broker, from Also in response to questions from Committee members, Dr. Tom Young, Kathleen Allyn discussed the eligibility determinations for the Medicaid Randy May, an administrator from the Division of Medicaid, spoke to the Rick Sutton, a pharmacist for 30 years, addressed the Committee. He Dr. Ted Epperly, a family physician and chairman of the Family Practice Jon Ball, an administrator and provider of Residential Habilitation services, Bill Benkula, an administrator of intermediate care facilities for the mentally ICFs/MR vary from facility to facility and state to state, but are all bound by Mr. Benkula discussed the levels of mental retardation which include; mild He then discussed the federal guidelines that define mental retardation as He further stated that the trend in caring for these individuals over the past He stated that individuals admitted to ICFs/MR must be receiving active He further stated that because adults with developmental disabilities require Mr. Benkula also discussed with the Committee the Developmental DDA’s are required to provide the following services; developmental therapy, Kathy Gneiting, chairman of the Community Integration Committee, and Marilyn Sword, representing the Idaho Council of Developmental Greg Dickerson, president of the Mental Health Providers Association of Ida May Whitman, immediate past chairman of the Mental Health Planning Bill Southerland, president of the Idaho Assisted Living Association, Keith Holloway, a nursing home provider, addressed the Committee. He Steve Millard, president of the Idaho Hospital Association, addressed the Chairman Sali thanked the presenters and asked Committee members to |
ADJOURN: | There being no further business to be brought before the Committee, the Committee was adjourned at 12:25 P.M. |
DATE: | Tuesday, January 14th, 2003 |
TIME: | 1:15 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/EXCUSED: | Rep. Eberle |
GUESTS: | See attached sheet. |
Vice-Chairman Block called the meeting to order at 1:25 P.M. She announced that the minutes from the January 10th meeting will be approved at the next committee meeting. Karen Gustafson, assistant administrative rules coordinator for the She explained that every agency is assigned a two digit number, which is the She then described the three kinds of rules. These include; pending rules, The pending fee rules are published during the calendar year 2002 that Temporary rules are ones that are approved by the Governor that went into Rayola Jacobsen, bureau chief of Occupational Licensing, addressed the The Bureau administrates, investigates, and provides legal representation |
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Docket 19-0101-0201: | Michael Sheeley, executive director of the Board of Dentistry, addressed the Committee. This Docket is a pending fee rule that related to the anesthesia permit evaluation process. This rule would increase the fee for anesthesia permit renewal or reinstatement to $300.00 based upon the recognition that the Board of Dentistry’s administrative costs in connection with a permit renewal or reinstatement are identical in amount to the costs incurred in connection with an initial application. Mr. Sheeley explained that there are currently 1,100 licensed dentists in the state, and 63 hold an anesthesia permit. This permit requires additional postgraduate training and additional malpractice insurance. The dentist applying for the permit has to be evaluated and staff is also evaluated. He further explained that these evaluations are done within a matter of days after the permit is requested. The rule also includes a requirement for CPR training for those seeking a dentists license. He stated that this training has always been required, but has not been in rule before. There were various other clarifications in the rule. He further stated that the Board had received no adverse comments to the rule. The Committee did not find any basis to reject Docket 19-0101-0201. Sarah Scott, from the Office on Aging, presented the following dockets |
Docket 15-0101-0201: | This Docket is a pending rule. The substantive changes include, a definition added of an “Assessment Instrument”, provides that clients shall be assessed using the approved assessment instrument rather that the Uniform Assessment Instrument, changed to allow Area Aging Agencies, rather than homemaker providers, to reserve emergency service funds, and adds a paragraph providing guidance in eligibility determination. The Committee did not find any basis to reject Docket 15-0101-0201. |
Docket 15-0102-0201: | This is a pending rule. The substantive changes in this Docket include, changed the definition of “injury” to “serious injury”, added definition of protective action plan, changed the definition of serious physical injury to include severe bruising, decubitis ulcers, and malnutrition resulting in serious medical consequences, deletes reference to scratches, clarifies that report involving nursing facilities will be immediately forwarded to the Department of Health and Welfare per Idaho Code, clarifies that resident to resident incidents exempted under Idaho Code need not be investigated, clarifies that all other reports shall be investigated, and adds a paragraph that substantiated cases may be closed if the client refuses to consent to services or if no services are available to reduce or eliminate risk. The Committee did not find any basis to reject Docket 15-0102-0201. |
Docket 15-0121-0201: | This is a pending rule that deletes unnecessary reference to the obsolete Older Americans Act. The Committee did not find any basis to reject Docket 15-0121-0201. |
Docket 23-0101-0201: | Sandra Evans, executive director of the Idaho State Board of Nursing, presented the following two dockets to the Committee. This Docket is a pending fee rule. Ms. Evans explained that this rule is The rule provides for the following; established the process for the After Committee discussion the Committee did not find any basis to reject |
Docket 23-0101-0202: | Ms. Evans presented this docket to the Committee. This Docket is a pending rule of the Board of Nursing. This rule is the result of the final year of a five year effort to review and revise the full docket of administrative rules of the Board. The purpose of these proposed changes is to clarify the practice of registered and licensed practical nurses, to delete unnecessary detail in defining practice and to reformat the order of practice definition from the broadest, which is that of the registered nurse, to that of licensed practical nurses, and finally to that of unlicenced assistive personnel. The rule consolidates and renumbers existing rules. They provide Ms. Evans explained that in general, this rule is a revision of existing They do not represent a change in defined scope of practice, but instead In addition, they modify, add and delete definitions for terms used In discussing this rule, Vice-Chairman Block put the Committee at ease. Vice-Chairman Block called the meeting to order at 3:25. After |
Docket 27-0101-0201: | Richard Markuson, executive director of the Board of Pharmacy, presented the following Dockets to the Committee. This is a fee rule that sets out specific criteria for ephedrine products that Lengthy Committee discussion followed, with the following point clarified Chairman Sali stated that he wanted to get more information before the |
Docket 27-0101-0202: | Mr. Markuson also presented this Docket to the Committee. This Docket clarifies that the time restriction applies only to Schedule II controlled substances. Most Schedule II prescriptions are filled in a very short time. This rule changes that time from seven days to thirty days. The thirty day change will allow for the few exceptions when patients are not in the immediate need of the prescription or completing a similar prescription before filling the new one. The Committee did not find any basis to reject Docket 27-0101-0202. |
Docket 27-0101-0203: | This docket clarifies that students enrolled in pharmacy technician training courses and volunteers at hospital pharmacies may register as pharmacy technicians and be authorized to act as pharmacy technicians even though they are not formally employed by the pharmacy. The proposed rule changes the definition of pharmacy technician to one who is employed or otherwise authorized to participate in preparing, compounding, distributing, or dispensing of medications at a pharmacy. The Committee did not find any basis to reject Docket 27-0101-0203. |
Docket 27-0101-0204: | This rule change formalizes what has previously been an informal practice of allowing carryover of continuing education credits earned in June but not necessary for meeting the prior reporting period’s education requirements. The proposed rule allows continuing education units earned during June of any given licensing period to be carried over into the next licensing period to the extent the pharmacist’s total hours for the given licensing period exceed that required by rules. The Committee did not find any basis to reject Docket 27-0101-0204. |
Docket 27-0101-0205: | This Docket recognizes revised controlled substance prescription forms authorized by House Bill 331 in the 2001 legislative session, as well as Senate Bill 1417 in the 2002 legislative session. The proposed rule changes outline the requirements for controlled substance prescription blank forms, as well as discipline to be assessed by the Board of Pharmacy in the event practitioners fail to follow the requirements of statute and rule with respect to controlled substance prescription blanks. The Committee did not find any basis to reject Docket 27-0101-0205. |
MOTION: | Rep. Nielsen made a motion to adjourn the meeting. After Committee discussion, he withdrew that motion. Vice-Chairman Block put the Committee at ease. Vice-Chairman Block call the meeting to order at 5:20 P.M. |
MOTION: | Rep. Henbest made a motion to approve Docket 19-0101-0201.
After Committee discussion, Chairman Sali made a Unanimous |
ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 5:30 P.M. |
DATE: | Thursday, January 16, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/EXCUSED: | None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:35 P.M. | |
MOTION: | Rep. Nielsen made a motion to approve the minutes of the January 14th, 2003 meeting as submitted. On a voice vote, the motion carried. |
MOTION: | Rep. McGeachin made a motion to approve the minutes of the January 10th, 2003 meeting with the following correction, on page 3 , change “imposted” to “imposed”. On a voice vote, the motion carried. |
RS 12559: | Rep. Henbest presented this RS to the Committee. She explained that the purpose of this resolution is to declare the months that the Legislature is in session Obesity Awareness Months and to urge communities, businesses and schools to develop an awareness of the causes, symptoms and long-term consequences of the condition and how it can be prevented. She explained that obesity is a huge national problem and increased cases of childhood obesity have led to an increase in type two diabetes in children. |
MOTION: | Rep. Ring made a motion to print RS 12559. |
SUBSTITUTE MOTION: |
Rep. Martinez made a Substitute Motion to print RS 12559 and send it directly to the Second Reading Calendar. |
AMENDED SUBSTITUTE MOTION: |
Rep. Kulczyk made an Amended Substitute Motion to return RS 12559 to the sponsor. |
Committee discussion followed in which the following points were made; the laws in the state need to be reduced, the methods are limited as to how to deal with health issues, and awareness campaigns do have effects and is the worth the attempt. |
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AMENDED SUBSTITUTE MOTION: |
On a Roll Call Vote, the Amended Substitute Motion to return RS 12559 to the sponsor failed on a 7 to 4 vote. Representatives Kulczyk, Eberle, McGeachin, and Nielsen voted AYE; Representatives Sali, Block, Garrett, Ring, Henbest, Martinez and Mitchell voted NAY. |
SUBSTITUTE MOTION: |
The Substitute Motion to send RS 12559 to print and directly to the Second Reading Calendar passed on a voice vote. Rep. Henbest will sponsor the Resolution on the House Floor. |
Nancy Kerr, executive director of the Idaho Board of Medicine, presented the following rule Dockets to the Committee. |
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Docket 22-0101-0101: | This Docket is a pending rule that contains a section that is changed to comply with Federal guidelines for the processing fingerprints. The rule also allows those physicians that have obtained board certification and other demonstrated competency the opportunity to obtain licensure and fill needed physician vacancies throughout the state. |
Chairman Sali made a Unanimous Consent Request to have the minutes reflect that after each rule docket that the Committee did not find any basis to reject the Docket if members have unanswered questions. There were no objections. He further stated that Committee members could bring up previous rule dockets if they had questions and the Committee would revisit that rule. |
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The Committee did not find any basis to reject Docket 22-0101-0101. | |
Docket 22-0101-0201: | This is a pending rule that defines the requirement for continuing education for physicians, specifies the number of hours of education required in a two year license cycle, identifies acceptable alternatives to continuing education and defines the method of reporting continuing education. |
The Committee did not find any basis to reject Docket 22-0101-0201. | |
Docket 22-0105-0201: | This pending rule changes are minor housekeeping and clarification changes to correct the term of office of the chairman of the Physical Therapy Advisory Committee, provide clarification regarding applicants who fail the examination and for those who apply for licensure by endorsement and clarifies the requirements for reinstating an expired license. |
The Committee did not find any basis to reject Docket 22-0105-0201. | |
Docket 22-0103-0201: | Ms. Kerr explained that the Board of Medicine requests that the Committee reject Docket 22-0102-0201. She stated that the level of supervision for physician assistants needs to be further clarified. |
MOTION: | Rep. Henbest made a motion that the Committee reject Docket 22-0103-0201. On a voice vote, the motion carried. |
Docket 22-0109-0201: | This is a fee rule that clarifies licensure requirements and fees for reinstatement for Occupational Therapists and Occupational Therapy Assistants. No fees are added or changed, only clarified. |
The Committee did not find any basis to reject Docket 22-0109-0201. | |
Docket 22-0113-0201: |
This is a fee rule that clarifies the process and the fees for converting an inactive license to an active license for dietitians. There are no fee changes. |
The Committee did not find any basis to reject Docket 22-0113-0201. | |
Chairman Sali put the Committee at ease and then called the meeting to order at 3:35 P.M. |
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Rayola Jacobsen, bureau chief of Occupational Licensing, presented the following rule dockets to the Committee. |
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Chairman Sali announced that by agreement of the interest parties, rule Docket 24-1401-0201 on today’s agenda will be heard at a later date. |
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Docket 24-0301-0201: | This pending rule changes the expiration date and reinstatement of licenses for chiropractic physicians. It establishes a requirement for licenses canceled over five years to be in accordance with Idaho Code. |
The Committee did not find any basis to reject Docket 24-0301-0201. | |
Docket 24-0501-0201: | This pending rule repeals the obsolete rules containing references to the Environmental Health Specialists law. |
The Committee did not find any basis to reject Docket 24-0501-0201. | |
Docket 24-0901-0201: | This pending rule refers to nursing home administrators. It deletes the reference under nursing home administrator-in-training requriement to the facility administrator not being the preceptor. |
The Committee did not find any basis to reject Docket 24-0901-0201. | |
Docket 24-1101-0201: | This pending rule relates to the Board of Podiatry. It deletes reference to annual renewal date, changes the passing grade on the examination from 75 percent to 70 percent and changes the standards of ethical practice shall be the American Podiatric Medical Association’s code of Ethics. |
The Committee did not find any basis to reject Docket 24-1101-0201. | |
Docket 24-1201-0201: | This is a pending rule that refers to the Board of Psychologist Examiners. It adds that the reexamination fee shall be charged by the national examination entity plus a $25 processing fee and changes reciprocity to endorsement fee. |
Roger Hale, an attorney from the Bureau of Occupational Licensing, addressed the Committee. In response to questions from Committee members, he clarified that endorsements set objective standards. |
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The Committee did not find any basis to reject Docket 24-1201-0201. | |
Docket 24-0201-0202: | This is a pending rule that refers to the Board of Psychologist Examiners. It allows a one-year carryover of continuing education hours; deletes unnecessary record keeping requirements, requires the training faculty to be on site and of adequate size and clarifies the definition of a professional psychology program. |
The Committee did not find any basis to reject Docket 24-0201-0202. | |
Docket 24-1501-0201: | This is a fee rule that relates to the Board of Professional Counselors and Marriage and Family Therapists. It establishes a fee for the Marriage and Family Therapist Intern registration at $25. Ms. Jacobsen explained that the internship position is a new classification. |
The Committee did not find any basis to reject Docket 24-1501-0201. | |
Ms. Jacobsen then discussed with the Committee the various cost- savings tools she has implemented at the Bureau since she started there a year and a half ago. These include; revamping the licensing system for cosmetologists, changing the time for license renewal from the beginning of each year to individual’s birthdays, and working with staff to explore other areas in which to save money. |
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Docket 24-1601-0201: | This is a fee docket that relates to denturity. It inserts rules for Administrative Appeals, adds Bureau contact information, adds Public Records section, adds Bureau definition, adds that the board may meet and have examinations at such other times as determined by the board, establishes the examinations shall include a theory examination, establishes grading and re-examination requirements, establishes grading and re-examination requirements, and establishes the re-examination fee shall be the same as the original examination fee. |
The Committee did not find any basis to reject Docket 24-1601-0201. | |
Docket 24-1901-0201: | This is also a fee rule and relates to the Board of Examiners of Residential Care Facility Administrators. It increases the application fee from $25 to $50. |
The Committee did not find any basis to reject Docket 24-1901-0201. | |
Docket 24-1701-0201: | This is a pending rule relating to the Board of Acupuncture. It adds Bureau contact information, defines Bureau, updates qualification for licensure to be has received certification from NCCAOM(National Certification Commission for Acupuncture and Oriental Medicine) changes renewal of license to be in accordance with Idaho Code, establishes continuing education requirements, and establishes waiver of continuing education requirements for an inactive license. |
The Committee did not find any basis to reject Docket 24-1701-0201. | |
Docket 24-1901-0202: | This is a temporary rule that refers to the Board of Residential Care Facility Administrators. This rule establishes that an applicant for examination shall be required to register with and pay the examination fee to NAB(National Association of Boards), deletes contents of examination, establishes that the passing score to be determined by the NAB, deletes requirements for retakes, and adds approved courses of study for licensure. |
The Committee found no basis to reject Docket 24-1901-0202. | |
Chairman Sali passed out to Committee members a copy of SCR 130 and SCR 131, which are the omnibus resolutions from the 2002 Legislature regarding rule approval. He explained to the Committee that the resolution when passed by the full House approves the rule, the Committee does not. |
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Chairman Sali announced that the Committee will meet Monday, January 20th, and Wednesday January 22nd to consider the rules from the Department of Health and Welfare. The Committee will not meet on Friday January 24th. |
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ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 4:35 P.M. |
DATE: | Monday, January 20th, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/EXCUSED: | None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:40 P.M. | |
MOTION: | Rep. Eberle made a motion to approve the minutes of the January 16th, 2003 as submitted. On a voice vote, the motion carried. |
Lloyd Forbes, manager of the State Plan and Waivers section of the Bureau of Benefits and Reimbursement Policy of the Division of Medicaid, addressed the Committee. He presented the following rule dockets to the Committee. |
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Docket 16-0309-0206: | This docket involves changes to the way that the Medicaid program pays for Medicare. This is a pending rule. He explained that this rule was developed to reduce Medicaid expenditures to meet the funds available following the budget shortfall and to provide services at the right price. Before this rule change, Medicaid automatically paid the total amount of the Medicare Part B coinsurance and deductible amount on all Medicare claims, for persons eligible for both Medicare and Medicaid, which “crossed over” to Medicaid. As Medicaid generally pays less than Medicare, the amount paid is generally reduced, resulting in savings to the Medicaid program. These rules specifically address physicians, hospital outpatient, and ambulance providers. This change in payment methodology is projected to save $2.3 million during the current fiscal year. The Committee did not find any basis to reject Docket 16-0309-0206. |
Docket 16-0309-0207: | This is a temporary rule which addresses the employment status of Independent Residential Habilitation providers. Before this rule change, individuals were paid for Residential Habilitation services in the home of the participant under both of the Department’s Developmental Disability waivers. Because this arrangement was allowed, the Department was found to be responsible for the withholding of FICA, FUTA, and SUTA payments. As pointed out by the Legislative Auditors, this practice was time consuming and costly. In addition, the Department was considered to be the Common Law All other independent providers have been required to be employees of an The Committee found no basis to reject Docket 16-0309-0207. |
Docket 16-0309-0208: | This pending rule addresses the method of reimbursement used to pay for services in federally qualified health centers and rural health clinics. This change is required by a change in federal law. Previously, these providers were paid on a retrospective, cost settlement basis. This rule clarifies the types of encounters which can be reimbursed by Medicaid, including the addition of a Dental encounter. The description of what service constitutes an encounter is updated to conform the federal requirements and actual industry practice. Mr. Forbes explained to the Committee the difference in retrospective versus prospective payments. Retrospective payments are made when the provider is paid monthly and at the end of the year a cost report is filed. The Department then settles with the provider and may pay more or less based on the service provided. A prospective payment is audit- based and bases the monthly payments on past costs and estimated costs. There is no yearly settlement. The Committee found no basis to reject Docket 16-0309-0208. |
Docket 16-0309-0210: | This Docket primarily deals with clarifying the language and consistently using the term “participant” throughout the affected section of rule. In the section of rule that covers Personal Care Services, the requirement for a supervised RN visit at least every 90 days was eliminated, and it is left up to the participant and the Department’s Nurse Reviewer to determine the frequency of the RN visits, or if any such visits are necessary for the particular individual. Changes in the section that covers “client contribution for waiver services” essentially condenses a page of verbiage on how to calculate the participant’s personal needs allowance into a single chart. This is designed to make this section of rule much more understandable for both the Department and the public. The Committee found no basis to reject Docket 16-0309-0210. |
Docket 16-0310-0201: | This docket refers to payment for federally qualified health center and rural health clinic services. It revises the reimbursement method from a retrospective payment method to a prospective payment method. This docket deletes the old language dealing with the retrospective payment method. The Committee found no basis to reject Docket 16-0310-0201. |
Docket 16-0310-0204: | This rule change removes wheelchairs from the content of care for Intermediate Care Facilities for the Mentally Retarded. This change has three positive effects. First; eliminating the cash flow problem experienced by small ICF/MR The Committee found no basis to reject Docket 16-0310-0204. |
Docket 16-0310-0301: | This temporary rule states that Medicaid will reimburse for out-of-state nursing home placements when services are not available in Idaho to meet the recipient’s medical need, or in a temporary situation for a limited period of time required to safely transport the recipient to an Idaho facility. Reimbursement for out-of-state nursing homes will be at the per diem rate set by the Medicaid Program in the state where the nursing home is located. The Committee found no basis to reject Docket 16-0310-0301. |
Docket 16-0309-0212: | This is a temporary rule that addresses the Department’s Traumatic Brain Injury Waiver rules. The changes in the rule are basically technical in nature and clarify provider qualifications and updates terminology to make these rules more consistent with the terminology found in the Department’s other Home and Community-Based waivers. The term “participant” is used throughout to identify a person using services to standardize the language. Diagnosis Codes for “concussion” and “intercranial injury of other and unspecified nature” are added to the list of qualifying diagnoses. The term “individual support plan” is replaced by the term “plan of care.” The Committee found no basis to reject Docket 16-0309-0212. |
Docket 16-0309-0216: | This is a temporary rule that addresses dental services for adults. These rules are required to comply with legislative intent language in the Department’s FY 2003 appropriation bill and essentially limit adult dental procedures to emergency situations. Mr. Forbes explained that following the implementation of temporary rules which limited adult dental services to a specific set of dental procedures, Medicaid staff were confronted with many requests for exceptions and special considerations. In addition, the Governor gave the Department direction to take additional factors into consideration. After conferring with the Department’s dental consultants and working with the Idaho Dental Association, changes have been incorporated into this docket to rely on dentists and oral surgeons for the determination of a dental emergency. Based on appropriate documentation from the dentist or oral surgeon, under these rules, the Department may now authorize adult dental procedures which are not on the list of covered services. The Department is requesting that the Committee extend this temporary rule. If the extension is not granted, there would be a projected $8.4 million increase in funding required for State Fiscal Year 2004. Thirty percent of that increase would come from the State General Fund. |
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Bryson Herrera, also a member of ICAN, addressed the Committee. He testified against this docket. He stated that dignity does not mean dentures; it means dental care. |
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Peggy Peterson, a member of ICAN addressed the Committee. She also testified against this docket. She stated that she has various health problems which causes dental problems. She further stated that she is scared for her health because she cannot have preventative dental care under Medicaid. She said that she is a native Idahoan and feels that the state is letting her down. |
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Maureen O’Leary, a licensed social worker who works with low-income and Medicaid clients, addressed the Committee. She also testified against this docket. She stated that this issue is not black and white, it is a dignity issue. She related her experience in taking clients to emergency rooms for emergency dental care and being turned away because they do not treat dental problems. She further stated that emergency dental care in Boise is very limited. She said that the Terry Reilly Clinic in Boise does take Medicaid patients, but is overrun. |
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J.L. Byington, a residential habilitation provider and mother of a daughter with mental disabilities, addressed the Committee. She also testified against this docket. She related her personal experiences in trying to get emergency dental care for her daughter. She stated that emergency dental care is very difficult to find. |
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Gloria Lara, a member of ICAN from Burley, spoke to the Committee. She also testified against this docket. She stated that she is disabled and is not able to get any dental services. She further stated that if she is hospitalized, those costs are far higher than dental costs. |
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Retta Green, a member of ICAN, addressed the Committee. She told of her personal experience with denture pain and now needs an expensive dental treatment because she could not get preventative dental care. |
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In response to questions by Committee members, Ms. O’Leary, clarified that her clients are taught dental hygiene at an early age and their diets are also monitored. |
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Bill Foxcroft, executive director of the Idaho Primary Care Association, addressed the Committee. In response to questions from Committee members, he stated that the Terry Reilly Clinic in Boise receives federal dollars and there is a sliding fee scale for patient charges. He further stated that some clinics do offer dental services, but are more likely to see children for dental care. |
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In response to questions from the Committee, Kathleen Allyn, Deputy Administrator for the Division of Medicaid, addressed the Committee. She stated that if this rule docket is rejected by the Committee, the temporary rule would remain in effect until the end of the current legislative session, and the pending rule would not take effect. The legislative intent language from last year’s appropriation bill would be in effect until June 30th of this year. If the rule docket is approved, only emergency dental services would be covered for adults on Medicaid. Committee discussion followed with the following points covered; new rules |
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MOTION: | Rep. Eberle made a motion to reject rule Docket 16-0309-0216. |
After Committee discussion, Chairman Sali made a Unanimous Consent Request that if the Committee votes to reject Docket 16-0309-0216,that would not be the final action of the committee and a subcommittee would be appointed to further study this docket and bring recommendations to the full Committee. |
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ROLL CALL VOTE: |
On a roll call vote, the motion to reject Docket 16-0309-0216 passed on a vote of 7 to 3. Representatives Kulczyk, Garrett, Eberle, McGeachin, Henbest, Martinez, and Mitchell voted AYE. Representatives Block, Ring, and Nielsen voted NAY. |
Chairman Sali appointed a subcommittee to further study Docket 16-0309-0216. Rep. Block will chair the Committee, and Representatives Ring, Nielsen, Martinez, and Mitchell will serve on the Committee. |
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Docket 16-0309-0218: | This docket eliminates Medicaid payment for the entry of laboratory results into the Clozapine National Registry for participants who require this medication for the treatment of their mental illness. In October of 2001, the Department reduced its payment for this service from $29.07 to $5.00 to more accurately reflect the complexity of the service and bring the state’s payment into line with what other states are paying. During State Fiscal Year 2002, Medicaid paid $39,143 for this service. |
Eileen Farley, a member of the National Alliance for the Mentally Ill, and parent of a son who takes Clozapine, addressed the Committee. She discussed the serious side-effects of this drug and the need for close monitoring. |
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The Committee found no basis to reject Docket 16-0309-0218. | |
Docket 16-0309-0301: | This docket describes the payment methodology used to reimburse out-of-state nursing home for care provided to Medicaid eligible persons. Because of the complexity of our current acuity-based reimbursement for in-state nursing homes, the Department has elected to pay out-of-state facilities the same rate as they receive from the Medicaid program in their home state. This simplifies their billing and claim submission and is the method previously and currently used by the Department. The Committee found no basis to reject Docket 16-0309-0301. |
Docket 16-0311-0101: | This Docket was presented by Kathleen Allyn, deputy Administrator for the Division of Medicaid. This docket is a temporary rule that sets a cap on beds in community intermediate care facilities for persons with mental retardation at 486 beds. Of that 486, 12 are reserved for time-limited emergency use. The purpose of the rule is to put a temporary cap on expansion of this service as a cost-control measure. She explained that the Department has consulted with the Idaho Association of Community Options and Resources, the ICF/MR association, and there is no objection to this request from the associations. The Committee found no basis to reject Docket 16-0311-0101. |
ADJOURN: | There being no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 4:25 P.M. |
DATE: | January 22, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 2:15 P.M. | |
MOTION: | Rep. Ring made a motion to approve the minutes of the January 20th meeting as submitted. On a voice vote, the motion carried. |
Vice-Chairman Block discussed with the Committee the WWAMI(Washington, Wyoming, Alaska, Montana, Idaho) conference she attended. She explained that the states involved in this group, with the exception of Washington, do not have medical schools. WWAMI affords those students living in these states an opportunity to attend the University of Washington’s medical school and pay only the in state tuition cost. Idaho has 18 slots and students who have received the highest test scores can apply for medical school. The in-state tuition cost is $12,000 and the state pays for the out-of-state tuition cost of $44,000. The first year of medical school is spent at the University of Idaho, the second year is at the University of Washington in Seattle, and the last two years are spent on a rotation in various states. 42 percent of the graduates return to Idaho, and 70 percent of those who do their rotation in our state, return to Idaho to practice medicine. She further explained that one-third of the state’s $44,000 follows the student back to the state. She stated that this is a highly successful program and avoids the expense of having a medical school in Idaho. |
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Karen Gustafson, assistant rules coordinator for the Department of Administration, addressed the Committee. She explained that the following docket; Docket 16-0205-0201 uses “plain language” and is a product of the new rule-writers unit within the Department. She asked for feedback from Committee members as to how they liked the new format. Ms. Gustafson also further clarified the action that the Committee can take The Committee can reject an entire rule, section or subsection. She also discussed negotiated rule-making. She explained that this is not |
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Docket 16-0205-0201: | Russ Duke, bureau chief with the Department of Health, presented this Docket to the Committee. This is a pending rule that relates to HIV related services. The Idaho STD/AIDS Program receives federal and state funding to provide HIV related services to eligible individuals. These rules help guide the planning and disbursement of funds of the federal Ryan White CARE Act and the state supported AIDS Drug Assistance Program. Mr. Duke explained that this program has a $1.3 million budget and $180,000 of that budget comes from the state’s General Fund. He further explained that these funds are used to help stop the spread of AIDS and the majority of the participants have an income less than $9,000 per year. The program is administered by the Department of Health and services are contracted out to various providers. To be eligible for this service ,the participant must have a medical diagnosis of HIV, reside in Idaho, a monthly income of less than 200 percent of the federal poverty level, not currently an inmate of any state correctional institution, and must not have available other sources sufficient to pay for HIV related services. The services include an assessment of the participant’s needs and personal support systems, development of an individual service plan, coordination of services, monitoring of services received, and re-evaluation of the participant’s service plan periodically to make revisions if needed. He further explained that this is not an entitlement program, it is a payer of last resort. He also stated that the number of HIV cases in the state has been level with the increase in population. He further stated that there has not been a dramatic increase in cases in the last several years. The program has been in place since 1992 and the $180,000 state General Fund monies have not increased since that time. |
MOTION: | After Committee discussion, Rep. Nielsen made a motion to forgo action on Docket 16-0205-0201 subject to the pleasure of the Chair to reschedule hearing at another time. On a voice vote, the motion failed. |
MOTION: | After Committee discussion, Rep. Ring made a motion to have the minutes reflect that the Committee found no basis upon which to reject Docket 16-0205-0201. |
SUBSTITUTE MOTION: |
Rep. Kulczyk made a Substitute Motion to reject section 200, subsection (06) of Docket 16-0205-0201. On a voice vote, the motion failed. |
ORIGINAL MOTION: |
The Original Motion to have the minutes reflect that the Committee found no basis upon which to reject Docket 16-0205-0201 carried on a voice vote. The Committee found no basis upon which to reject Docket 16-0205-0201 |
Docket 16-0210-0201: | Dick Schultz, administrator of the Division of Health, presented this docket to the Committee. This temporary rule regulates Idaho’s reportable diseases.
Definitions are clarified and the five conditions detectable by newborn |
MOTION: | Rep. Henbest made a Motion to approve Docket 16-0210-0201. |
The Committee then discussed the isolation issue, with the following points being made; there is no scientific way to prove exposure and each disease reacts differently. |
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Rep. Eberle made an Unanimous Consent Request to have the minutes reflect that the Committee found no basis upon which to reject Docket 16-0210-0201. There were no objections. The Committee found no basis upon which to reject Docket 16-0210-0201. |
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Docket 16-0212-0201: | Russ Duke presented this Docket to the Committee. This Docket repeals the existing rules dealing with screening for newborns. |
Docket 16-0212-0202: | Mr. Duke also presented this Docket to the Committee. This pending rule is the rewrite of the above docket. He explained that this rule was rewritten due to a change in funding. As of July 2002, the state no longer funds this program. This program requires infants to be tested for five metabolic conditions before being discharged from the hospital. These conditions include; bitinidase deficiency, congenital hypothyroidism, galactosemia, maple syrup urine disease, and phenylketonuria. He explained that the lab charge fee for the test kits for all of these tests is $18.00. The parents are responsible for this fee. He further explained that approximately 20,000 babies are born in Idaho each year and 8 to 10 of them have one of these conditions. The test is done 48 hours to five days after birth and prior to discharge. Some followup tests are also performed. He stated that the original rules have been in place for over 30 years. He also stated that 97 percent of births occur in hospitals. |
The Committee found no basis upon which to reject Docket 16-0212-0201 and Docket 16-0212-0202. | |
Docket 16-0000-0201: | Ray Millar, an Alternative Care Coordinator for Medicaid’s Bureau of Benefits and Reimbursement Policy, presented this Docket to the Committee. The changes in this pending rule are non-substantive in nature and will not negatively impact service recipients, service providers, or the Department of Health and Welfare. Titles and designations of social workers were changed as a result of HB 406 passed by the 2002 Legislature. “Certified Social Worker” was changed to “Licensed Master’s Social Worker” and “Certified Social Worker-Private Practice” to “Licensed Clinical Social Worker.” Another name change as a result of administrative rules of the licensing board of Professional Counselors and Marriage and Family Therapists, is “Licensed Professional Counselor-Private Practice” to “Licensed Clinical Professional Counselor.” The rules are changed to be consistent with the new professional titles. He |
The Committee found no basis upon which to reject Docket 16-0000-0201. | |
Docket 16-0307-0101: | Debby Ransom, from the Bureau of Facility Standards, presented this docket to the Committee. The rule change is to bring the Department into compliance with the HCBS (Home and Community-Based Services) Waiver for the aged and disabled and for changes that have been made in the federal regulations governing home health agencies. It also clarifies who must be licensed as home health agencies. |
The Committee found no basis upon which to reject Docket 16-0307-0101. | |
Docket 16-0309-0201: | Leslie Clement, bureau chief of Medicaid Benefits and Reimbursement Policy, presented this docket to the Committee. This pending rule affects the way some payments are processed for care received in residential care facilities and certified family homes. Cash payments were previously paid to residents through the Division of Welfare. Because of legislation in 2001, the Division of Medicaid now pays providers directly. Generally, this change in payment methodology created an opportunity to leverage Medicaid funds and improve the reimbursement for personal care services. The net savings to the state general fund in 2002 was approximately one million dollars. This change has been in effect since January 2002. The only barrier in implementation was the unwillingness of several facilities to enroll as Medicaid providers. Department administrators decided to allow recipients in these non-Medicaid facilities to remain in these homes and continue to receive cash payments rather than force residents from these homes. |
The Committee found no basis upon which to reject Docket 16-0309-0201. | |
Docket 16-0309-0215: | Leslie Clement presented this docket to the Committee. She explained that the purpose of this temporary rule is to meet budget hold back directives while continuing to meet the department’s commitment to providing access to the right care for the right price. These temporary rules relax some of the provider requirements for targeted service coordinators and targeted case managers because of reduced reimbursement and benefit limitations. Medicaid attempted to minimize the impact on recipients by reducing reimbursement and limiting benefits rather than eliminating services. The services identified in this rule docket are case management services for developmentally disabled and mentally ill Medicaid recipients. The services are brokerage services in which case managers help direct individuals to resources. These are not diagnostic or treatment services. These changes do not affect any other developmental disability or mental health services that Medicaid recipients are currently receiving or may need in the future. For disabled individuals, crisis case management services continue to be available through Medicaid. For mentally ill individuals, crisis hours are contained in the new four hours |
Committee discussion followed with the following points clarified; case management prevents people from falling through the cracks, a telephone call instead of a face to face visit with the service coordinator can cause some problems with service, but offers flexibility for the provider, providers may have less time to spend with clients due to the elimination of caseload requirements, and the providers now receive 30 percent less in reimbursement. Ms. Clement stated that the Department hopes that these reductions in services would not be permanent and that the economy would improve so they can be restored. |
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Steve Hansen, representing the Case Managers Association of Idaho, addressed the Committee. He explained that the monthly reimbursement rates have been reduced by 30 percent and in the past 13 years have been frozen while state employees have received cost of living raises. He stated that the Department should continue to negotiate these rules regarding reimbursement rates. He further stated that when the four hour cap for services is reached, the service coordinator has three options; refer the client to the Department, provide no additional services until the next month, or the provider can volunteer his time to provide his services. Mr. Hansen asked that the Committee adopt this rule docket with strong language directing the Department to continue negotiated rule-making. He also explained the job of a service coordinator. This individual assesses available services, develops a plan and links to communities, advocates for needed services, and monitors the entire plan. |
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Committee discussion followed and compensation to targeted service coordinators was clarified. |
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Rep. Henbest made an Unanimous Consent Request that the minutes reflect that the Committee found no basis upon which to reject Docket 16-0309-0215 and a letter be sent to the Department of Health and Welfare to direct them to do research on the feasability and cost for prior authorization for crisis services. There was an objection. |
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Chairman Sali made a Unanimous Consent Request to refer Docket 16-0309-0215 to a subcommittee for additional study. There were objections. | |
MOTION: | Rep. Kulczyk made a motion that the minutes reflect that the Committee found no basis upon which to reject Docket 16-0309-0215 and that a letter be sent to the Department of Health and Welfare to direct them to do research on the feasibility and cost for prior authorization for crisis services. On a voice vote, the motion carried. Rep. Martinez voted NAY. |
The Committee found no basis upon which to reject Docket 16-0309-0215 | |
Docket 16-0309-0202: | Sharon Duncan, bureau chief for Medicaid Operations, presented this docket to the Committee. This rule was implemented as a part of the Division’s cost containment plan for the Governor’s one percent hold- back in fiscal year 2002. This rule governs non-emergency transportation providers. She explained that provider rates for commercial, non commercial, and individual transportation providers will be reimbursed on a per mile basis, at a rate established by the Department after a study of costs has been conducted. These studies will be conducted no less than every three years. Meal reimbursement for Medicaid clients will also be at a rate established by the Department. |
The Committee found no basis upon which to reject Docket 16-0309-0202. | |
Docket 16-0309-0217: | Ms. Duncan presented this Docket to the Committee. This temporary rule has a technical update replacing the term “Peer Review Organization” with the new term “Quality Improvement Organization” in compliance with the change in federal code. The other change in the rule relates to the assessment of late penalties. At the current time, the Department is allowed to assess a penalty to providers for submitting a late review to the contracted quality improvement organization. This rule would allow a penalty to be assessed by the Department for internal reviews. This would ensure that all procedures are submitted in a timely manner for review. |
The Committee found no basis upon which to reject Docket 16-0309-0217. | |
Because of the lateness of the hour, Chairman Sali announced that the remainder of the dockets on the agenda will be heard by the Committee on Friday, January 24th. The Committee will meet at 9 A.M. |
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ADJOURN: | As there was no further business to be brought before the Committee, the meeting was adjourned at 6:30 P.M. |
DATE: | January 23, 2003 |
TIME: | 8 A.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Block, Representatives Eberle, Nielsen, Ring, Martinez and Mitchell |
ABSENT/
EXCUSED: |
Rep. Mitchell |
GUESTS: | See attached list |
Chairman Block called the meeting to order at 8 A.M. She informed the members that the meeting was informal, for organizational purposes only. No public testimony or vote will be taken at this meeting. The first objective of the subcommittee is to further consider the rejection of |
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Karen Gustafson, an assistant rules coordinator with the Department of Administration, spoke to the Committee. She discussed the omnibus concurrent resolution that the Legislature will vote on regarding the rules. She explained that the legislature could accept the rules with the exception of one or more particular dockets. |
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The following points were clarified; the decision to cut adult dental care was made by JFAC and did not come through the Health and Welfare Committee and no public testimony was taken; even if this rule is rejected, the Department is still bound by the legislative intent language in last year’s appropriation bill(SB 1490) which stays in effect through the end of the current fiscal year which ends on June 30th, 2003. The Concurrent Resolution to accept the rules usually is voted upon on the House Floor near the end of the session. The Committee cannot take any action by itself. JFAC has the authority to The second objective of the subcommittee is to address legislation that The language that would be stricken in Docket 16-0309-0216 is found on Kathleen Allyn, deputy administrator for the Division of Medicaid, spoke to In response to questions from the Committee, Jim Baugh, executive director Ms. Allyn further discussed the idea of refunding unused prescriptions. She Chairman Block asked that the members of the subcommittee decide what Jim Baugh offered to Committee members a copy of a report outlining the Chairman Block told Committee members that she would let them know the |
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ADJOURN: | As there was no further business to be brought before the Committee, Chairman Block adjourned the meeting at 8:50 A.M. |
DATE: | January 24, 2003 |
TIME: | 9 A.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Representatives Henbest and Mitchell |
GUESTS: | See attached sheet |
Chairman Sali called the meeting to order at 9:15 A.M. | |
MOTION: | Rep. Ring made a motion to approve the minutes of the January 22, 2003 meeting as submitted. On a voice vote, the motion carried. |
Docket 16-0309-0204: | Larry Tisdale, supervisor of the third-party recovery program in Medicaid Operations, presented this Docket to the Committee. He explained that the changes made in this rule add birth costs as a service for which the Department will make reasonable attempts to discover liable third parties. The changes also remove the absent parent without a second valid resource and prenatal services from the group of exceptions to which the Department will seek reimbursement from liable third parties. This rule facilitates a collaborative effort between child support services and Medicaid. The changes come as a result of a legislative audit finding. This is a pending rule. In response to questions from Committee members, Kathleen Allyn, deputy administrator of the Division of Medicaid, addressed the Committee. She explained the EPSDT(Early periodic screening diagnosis and treatment) service discussed in this rule docket. She explained that this service is a requirement for children to become Medicaid eligible. The Committee found no basis upon which to reject Docket 16-0309-0204. |
Docket 16-0314-0201: | Debby Ransom, the chief of the bureau of Facility Standards, presented this docket to the Committee. This is a pending rule. She explained that this rule change was initiated in partnership with the Idaho Hospital Association. This change updates the rules to the current standard of practice and reflects federal guidelines and standards. The current rule requires a history and physical exam to be performed within 72 hours of admission. This pending rule allows physicians to complete a history and physical exam up to 7 days prior to a planned admission and shortens the completion time to 48 hours for all other patients except emergency admissions. The Committee found no basis upon which to reject Docket 16-0314-0201. |
Docket 16-0319-0101: | Ms. Ransom also presented this docket to the Committee. She explained that during the 2000 Legislative session, the Board and Care Act and the Residential Care Act for the Elderly were amended to allow a provider to make application to care for up to four residents in a certified family home. She further explained that these rules were developed with input from providers, advocates, and consumers through public meetings and members of the Board and Care Council and the Residential Care Council for the Elderly. The rules address three major areas; resident needs and safety, care-giver availability, training, and physical structure of the home. She stated that these rules will assist in ensuring residents receive the right care, in the right setting with the right outcomes in the most cost-efficient manner. |
Committee discussion followed with the following points clarified; certified family homes allow people to remain in a home in a family setting and certain criteria have to be met for these homes to become certified. There are currently 17 of these homes in the state. Originally Certified Family Homes were only one to two beds. There was a statutory change to allow three to four beds. The three types of waiver services were discussed. These include the HCBS(Home and Community-Based Services) waiver, the DD(Developmentally Disabled) waiver, and the TBI(Traumatic Brain Injury) waiver. Most certified family homes serve those on one kind of waiver, but there can be a mix. Certified family homes have less stringent rules and the client is a member of the family. |
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Chairman Sali discussed with the Committee the ongoing debate about going to the three to four bed homes. Some have expressed concerns about level of care and level of supervision. |
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Kathleen Allyn responded to Committee questions. She stated that the average daily costs of waivered services are, for the Aged and Disabled waiver, $35 per day per person, and for the Developmentally Disabled waiver, $75 per day per person. She further explained that waiver services give options as to where to live. Those options include, certified family homes, their own homes, and residential care facilities. She stated that Idaho is among the leaders in the nation in options for people with disabilities. She further stated that if someone is on the A&D waiver, the cost cannot be more that nursing home costs(which is $103.00 per day). Also, someone on the DD waiver cannot cost more that what the cost of being in an Intermediate Care Facility(which is $191.00 per day). |
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The Committee found no basis upon which to reject Docket 16-0319-0101. | |
Docket 16-0319-0102: | Ms. Ransom also presented this docket to the Committee. She explained that this pending rule was developed in response to a recommendation by the Board and Care Council for the Elderly and the Residential Care Council. This rule requires a Certified Family Home care-giver to arrange for emergency transportation of residents with medical and/or behavioral emergencies. Providers are not equipped or trained to provide this type of service. This rule change will help ensure residents who have emergent needs are met. The provider has the discretion as to what the particular situation requires. |
The Committee found no basis upon which to reject Docket 16-0319-0102. | |
Docket 16-0322-0101: | Ms. Ransom presented this docket to the Committee. She explained that this docket is identical to the previous docket except it applies to those care-givers in Residential or Assisted Living Facilities. |
The Committee found no basis upon which to reject Docket 16-0322-0101. | |
Docket 16-0322-0201: | Ms. Ransom continued her presentation to the Committee. She explained that the changes were made to align the rules with statutory changes made by SB 1365 to the Board and Care Act and the Resident Care Act for the elderly during the 2000 Legislative session. The following changes are in the rule; corrects the name to residential or assisted living facilities, adds a new definition, Authorized Provider to recognize nurse practitioners and clinical nurse specialists licensed by the board of Nursing and physician assistants licensed by the Board of Medicine in addition to a physician; updates the definition of “substantial compliance” reducing the frequency of review of the Negotiated Service agreement, and changes the frequency of facility inspections and the un-announcement of initial inspections or surveys. Changes were also made to reflect the current standards and name changes of National Board or Councils. Other areas of change include; menu cycle, recognition of industry standards to allow shorter menu cycles and reduces the need for providers to request a waiver from current rule; all residents, not just the elderly, are to be informed of their right to develop advanced directives (living wills); and modifies and adds rules regarding administrators qualifications to be consistent with Department rules governing criminal history clearance. |
The Committee found no basis upon which to reject Docket 16-0322-0201. | |
Docket 16-0310-0202: | Kathleen Allyn presented this docket to the Committee. She explained that this pending rule follows removal of legislative intent language that capped intermediate care facility rates from July 1, 2000 through June 30, 2002. The changes also allow the existing rate methodology which relies on the prospective payment system to be restored beginning July 1, 2002. She further explained that intermediate care facilities provide services to mentally retarded individuals. There are 64 of these facilities in the state that serve approximately 470 individuals. The cost of providing care in fiscal year 2002 totaled $34.5 million. By lifting these caps, the total annual cost to Medicaid is estimated at $35.5 million in fiscal year 2003 and $36.2 million in fiscal year 2004. This reflects an average annual increase of approximately 2.3 percent. Medicaid has been meeting routinely with industry representatives to ensure requirements are reasonable, costs are managed and care is safely and effectively rendered. |
The Committee found no basis to reject Docket 16-0310-0202. | |
Docket 16-0310-0203: | Ms. Allyn continued her presentation. She explained that the purpose of these rules is to meet budget hold-back directives. The Governor directed state agencies to reduce State General Fund |
Steve Millard, president of the Idaho Hospital Association, addressed the Committee. He stated that the Association does not want Docket 16-0310-0203 rejected, and understands why the rule change was made. He made the following points; because of the lower reimbursement rates, hospitals will have to shift costs to insured patients, thus increasing insurance rates, and if government payers do not pay their fair share, everyone else’s rates will go up. |
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After discussion, the Committee found no basis upon which to reject Docket 16-0310-0203. |
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Docket 16-0309-0209: | Leslie Clement, bureau chief of Medicaid Benefits & Reimbursement Policy, presented this docket to the Committee. This pending rule establishes the Department’s authority to determine when cancer treatment has ended for women diagnosed with breast or cervical cancer. The Breast & Cervical Cancer Prevention & Treatment Act of 2000 created a new optional Medicaid eligibility group who were not previously eligible for Medicaid. The new option allows states to provide full Medicaid benefits to uninsured women under age 65 who are identified through the program and are in need of treatment for breast or cervical cancer. She explained that one of the issues identified shortly after implementation was the absence of a definition of what constituted “end of treatment”. By defining the end of treatment, the Division of Medicaid can better manage the benefit coverage extended to Medicaid eligible women based on their medical condition. Prior to these rules, a woman who qualified for services had unlimited access to Medicaid benefits even after cancer treatment had successfully been completed. Further, in the absence of these rules, individuals in this program could use unproven cancer treatments. By adding the definition of “end of treatment”, the Medicaid Division has been able to close 28 cases, including those who have moved, through the end of December 2002. She further explained that if there is a reoccurrence of cancer, the patient can have Medicaid coverage again. |
The Committee found no basis upon which to reject Docket 16-0309-0209. | |
Docket 16-0309-0211: | Ms. Clement continued her presentation. The purpose of this rule is to establish clear standards for professionals rendering Medicaid services. This rule refer to the Developmental Disability Agency rules found in rule Docket 16-0411-0201 that specifies the details of these requirements. This rule clarifies the professional requirements for individuals providing intensive behavioral intervention to children in schools and in developmental disability agencies. Intensive behavioral intervention is only available to children, ages 0-21 years old that have self-injurious aggressive or severely maladaptive behavior and severe deficits in areas of verbal and non-verbal communication. These services require prior authorization, periodic and annual review. Provider qualifications include specific degree requirements and experience. The existing rules allowed for various interpretation and these pending rules help clarify professional experience, educational, and training requirements. |
The Committee found no basis upon which to reject Docket 16-0309-0211. | |
ADJOURN: | There being no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 11:25 A.M. |
DATE: | January 28, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/ EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:40 P.M. | |
MOTION: | Rep. Kulczyk made a motion to approve the minutes of the January 24, 2003 meeting as submitted with the following change; on page one, change the definition of EPSDT from “early periodic screening and treatment diagnosis” to “early periodic screening diagnosis and treatment”. On a voice vote, the motion carried. |
Blake Hall, contract Administrator for the Catastrophic Health Care cost Program, addressed the Committee. He gave a brief overview of the Program and provided copies of the 2002 annual report to Committee members. He explained that the Catastrophic Health Care Cost (CAT) Program is incident-based, not an entitlement program. The CAT program was first established in 1984 as a county program with each county paying $4.50 per capita for those who are medically indigent and not qualifying for any other programs. The Legislature assumed funding responsibility for the Program effective October 1, 1991, as a means of providing property tax relief to Idaho residents. The county pays the first $10,000 of medical bills from each incident, and the rest is paid by the CAT fund. The CAT program is administered by seven members consisting of six county commissioners elected annually on a rotating basis, each serving a two-year term, plus one member appointed by the Governor. In the last fiscal year, the CAT fund has paid on 771 claims for a total of over $12 million. The CAT fund also collects reimbursement payments for many of the claims paid by the program. The individuals who benefit from participation in the CAT fund are those who fall through the cracks of the state welfare system. They are faced with a catastrophic illness or injury and do not have any or adequate health insurance and do not qualify for public assistance. Many of these individuals are willing to reimburse both the county and the CAT program. The Board meets every six weeks to determine eligibility.
They carefully review each case to ensure compliance by the counties and |
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RS 12435C1: | Chairman Sali announced that the sponsor of RS 12435C1 has requested that this been returned to him and not be heard by the Committee. By unanimous consent that action was taken. |
RS 12589C1: | Scott Burpee, CEO of Valley Vista Care Services, presented the RS to the Committee. He explained that this bill would allow those who provide residential care, assisted living services, certified family home services, nursing facility services and services offered pursuant to the Medicaid program, a cause of action to recover against fiduciaries that do not properly use funds of public assistance recipients for payment of such services. It also allows for attorney fees and costs for the necessity of bringing an action against a fiduciary. He discussed the problems of facilities having to collect from those persons who are handling the finances for the patients. This proposed legislation would hold them accountable for those additional payments that Medicaid does not pay. Mr. Burpee explained that there are some changes in the RS that need to be addressed. The word “conservator” in the title needs to be removed, and volunteers under the county board of guardians program need to be added to the list of those who stand in a fiduciary relationship to recipients of public assistance. |
MOTION: | Rep. Henbest made a motion to return RS 12589C1 to the sponsor for language clarifications. On a voice vote, the motion carried. |
Carolyn Oakley, regional director of the U.S. Department of Health and Human Services, addressed the Committee. She gave an overview to the Committee of the various areas that the Department of Health and Human Services is currently involved with. These include; bio-terrorism preparedness, expanded access to health care, disease prevention initiative, improving quality of care, discussion of the next steps for helping those in need, the recent decline in smoking and teen substance abuse, protecting patient privacy, and regulatory reform. One of the highlights included discussion of the President’s faith-based initiative. She explained that HHS provided $30 million in funding to help level the playing field of religious and other organizations seeking to use HHS funds to help those in need. This money could be used to help with the writing of federal grants. Ms. Oakley asked for suggestions from Committee members to include in her weekly report to Secretary Thompson. She stated that she would be a resource for any Committee members who may have questions regarding Federal programs. |
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RS 12614: | Rep. Mitchell presented this RS to the Committee. Rep. Ring is also a sponsor. The proposed legislation is a memorial to Idaho’s Congressional Delegation urging their support of equalizing Medicare payments to physicians and other healthcare providers in Idaho and other less populous, rural states by the removal of geographic practice cost indexes that are currently part of the Medicare payment formula. Rep. Ring explained that just because a physician is on one side of the border, he will get paid less. Being in a rural area does not mean that the cost of care is less. |
MOTION: | Rep. Henbest made a motion to send RS 12614 to print and directly to the second reading calendar. The motion was seconded by Rep. Eberle. On a voice vote, the motion carried. |
Docket 16-0301-0201: | Phil Gordon, from the Division of Welfare for the Department of Health and Welfare, presented the following rule dockets to the Committee. He explained that when the Temporary Assistance for Families in Idaho (TAFI) grant was increased last year, some families had the potential of losing their Medicaid coverage. This rule ensures that those families can continue to receive Medicaid while receiving TAFI benefits. This rule also assists families who go off of cash assistance due to work, to continue receiving Medicaid for six months with up to an additional six months if the participant remains employed. These changes will help transition these individuals to work and move families off welfare. He further explained that this docket also adds back rules that specify those items that are not counted in determining income available to the participant, these include; commodities and food stamps, housing subsidies, and income tax refunds. |
The Committee did not find any basis upon which to reject Docket 16-0301-0201. | |
Docket 16-0304-0103: | Mr. Gordon continued his presentation. This puts into rule the annual Food Stamp cost of living increases to income limits and benefit amount for 2001. Food Stamp families will receive an increase in their benefits ranging from $5 to $30 depending on the size of the family. This rule corrects the language that aligns with federal policy related to aged and disabled individuals who cannot buy and prepare their own meals separate from others in the home. He explained that the Department has been applying the correct policy and the automated system is correctly calculating benefits, but now the rule is changed to comply with the increase. |
The Committee did not find any basis upon which to reject Docket 16-0304-0103. | |
Docket 16-0304-0201: | Mr. Gordon continued his presentation. This rule revises and clarifies policy regarding the Food Stamp work programs including who must register for work, what costs can or cannot be paid for work program funds, when to apply penalties for individuals quitting a job or reducing their hours, and how to re-establish eligibility. It also lengthens Food Stamp eligibility for some households in high |
The Committee did not find any basis upon which to reject Docket 16-0304-0201. | |
Docket 16-0304-0202: | Mr. Gordon continued his presentation. This rule reflects the annually federally mandated Food Stamp cost of living increases for 2002. These increases include; income limits, standard utility allowance, and Food Stamp allotment amount. The asset limit for disabled individuals increased from $2,000 to $3,000. Asset limits are now considered the same for both the elderly and disabled. Also by federal requirement, the standard deduction for larger families has been increased. Finally by federal requirement, now lawful non-citizens, who are blind or disabled, can receive Food Stamps. |
Docket 16-0305-0201: | Mr. Gordon continued his presentation. He explained that this rule impacts some elderly or disabled individuals living in a home-like setting. They can have their care paid for with federally matched dollars instead of general funds. The rule also allows providers to be paid directly for these services. |
The Committee did not find any basis upon which to reject Docket 16-0305-0201. | |
Docket 16-0305-0202: | Mr. Gordon continued his presentation. He explained that this rule does the following: tightens the rule regarding asset transfers, increases the personal needs allowance for Veterans in nursing homes, and clarifies “end of treatment” for breast and cervical cancer patients. |
The Committee did not find any basis upon which to reject Docket 16-0305-0202. | |
Docket 16-0305-0203: | Mr. Gordon explained that this temporary rule provides an easier application and benefit renewal process for elderly and disabled individuals by allowing and encouraging telephone interviews instead of those individuals having to go to the welfare office. The rule also eliminates a Medicaid eligible group who’s federal funding ended December 31, 2002. It clarifies and aligns eligibility rules between programs in an effort to simplify those rules. |
The Committee did not find any basis upon which to reject Docket 16-0305-0203. | |
Docket 16-0308-0201: | Mr. Gordon explained that this rule adds back into rule a policy inadvertently omitted that requires parents who receive TAFI cash payments to assign legal rights to any Child Support payments to the State. He further explained that this is not a new policy. |
The Committee did not find any basis upon which to reject Docket 16-0308-0201. |
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Docket 16-0414-0301: | Mr. Gordon continued his presentation. This docket places in rule the formula for calculating energy assistance benefits. The specific benefit calculations will be placed in the Intake Manual after finding out the annual funding level from the federal government. He explained that the manual is updated annually and is out on the web site. He further explained that this would eliminate the need to update the rules every year and will save the costs associated with the rule making process. |
The Committee did not find any basis upon which to reject Docket 16-0414-0301. | |
Docket 16-0612-0101: | Mr. Gordon completed his presentation with this docket. He explained that there are three significant rule changes in this docket. These changes include: requiring a Child Care agreement between the provider and the Department, extending minimum health and safety guidelines to all ICCP (Idaho Child Care Provider) providers including family and relative providers, and specifying that Child Care payments will be made directly to providers. |
The Committee did not find any basis upon which to reject Docket 16-0612-0101. | |
Docket 16-0309-0213: | Kathleen Allyn, deputy administrator for the Division of Medicaid, presented this docket to the Committee. She explained that this rule implements a statutory change and subsequent court ruling on state-funded abortions. She further explained that in 2001, the legislature amended Idaho law to remove a requirement that the state pay for abortions to save the health of the mother. Implementation was delayed until July 1, 2002, because of a court suit challenging the legality of the amended statute. The court upheld the amendment. This temporary rule implements both the statutory amendment and court decision by removing the state payment for abortions to save the health of the mother and changing the two-physician certification requirement to certification by one physician. There were no other parties present to testify on the docket. |
The Committee did not find any basis upon which to reject Docket 16-0309-0213. | |
Docket 16-0309-0214: | Leslie Clement, bureau chief of Medicaid Benefits and Reimbursement Policy, presented this docket to the Committee. She explained that the purpose of this temporary rule is to support the Department’s cost containment efforts. Medicaid paid $114 million for prescription drug benefits in fiscal year 2002. She further explained that Medicaid’s existing prescription drug rules do not include the necessary management tools to control spending. The current rules list the specific names of excluded drugs that must be prior authorized by the Department.
The number of new brand name drugs and classes of drugs that |
Dr. Young, with the Department of Health and Welfare, addressed the Committee in response to questions. He clarified the following points: physicians would make a decision on the equivalency of a drug and use the least costly drug available. This will fit with the department’s intended move to a preferred drug list, and these determinations will be based on an evidence-based process. He further explained the process that would be taken to determine the drug equivalency list. He further stated that the oversight group would have individuals on it with no conflict of interest with pharmaceutical companies. |
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David Blackwell, representing the Epilepsy Foundation, addressed the Committee. He stated that the Foundation is seriously concerned with the changes in this rule docket. He further stated that there are significant differences between generic and brand name drugs and some could produce adverse side-effects. He also stated his concern about a group in Boise making decisions about medications for seizure control. |
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Dr. Young responded to the concerns raised by Mr. Blackwell. He stated that the board that would review these medications would be made up of four physicians and two pharmacists from around the state and would follow an evidence-based formula. |
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Bill Roden, representing PhRMA (Pharmaceutical Research and Manufacturers of America) addressed the Committee. He testified against this docket. He stated that this docket contains a Preferred Drug List. He further stated that there needs to be more expansive rule language in this docket. He explained that the areas of concern include: inadequate patient protection, no appellate rights, and prior-authorization.
Mr Roden raised the following issues regarding the rule:1. He questioned |
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Dan Heincy, representing the MERCK pharmaceutical company, addressed the Committee. He urged Committee members to reject this rule docket. He explained that his company is concerned with the definition of “medically necessary” in the rule. He questioned who would make that determination. He also discussed rebates given to the State for certain pharmaceutical drugs. He explained the average wholesale price, which is determined by guides that survey the market price of drugs. He stated that most Medicaid programs are currently receiving about 25 percent of their cost for prescriptions in rebates. He further stated that unless a drug has been on the market for a long time, there is not need to have a study to show equivalency to other drugs. Finally, he explained that the Department of Health and Welfare should account for the rebates they have received. |
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Kathleen Allyn, deputy administrator of Medicaid for the Department of Health and Welfare, addressed the Committee. She clarified the following points; these rules are not Preferred Drug List rules, they only implement the hold-backs that the Department was directed to implement by the Governor, they are not the complete pharmacy rules, and that the appeal process is in the complete pharmacy rules. She further explained that the hearing in February is on the pending rules that will be heard in the next Legislative session, and changes could be made. She stated that these rules are not intended to create a Preferred Drug List. That will appear in a future rule docket.
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ADJOURN: | Rep. Nielsen made a Motion to adjourn the meeting. The motion passed by a show of hands. The meeting adjourned at 6:20 P.M. |
DATE: | January 29, 2003 |
TIME: | 3:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Block, Representatives Eberle, Nielsen, Ring, Martinez and Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached sheet. |
Chairman Block called the meeting to order at 4:35 P.M. | |
MOTION: | Rep. Eberle made a motion to approve the minutes of the January 23, 2003 meeting as submitted. On a voice vote, the motion carried. |
Chairman Block announced that the Committee would hear public testimony today regarding Rule Docket 16-0309-0216 relating to Medicaid coverage of adult dental care. She further announced that questions would be taken from Committee members after all of the testifiers have been heard. She stated that those wishing to testify should focus their remarks to the question, should Medicaid provide emergency dental care or preventative dental care for adults? |
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Jason Wells, representing the Idaho Citizens Action Network(ICAN), addressed the Committee. He stated that preventative dental care for adults is cost-effective and on-going health problems can be lessened by that care. He discussed his personal experience with his mother who has had extensive health problems that could have been helped with proper preventative dental care. |
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Jerry Davis, executive director of the Idaho Dental Association, addressed the Committee. He stated that the Association would like to have adult dental care reinstated by Medicaid. He explained that the dentists would like the opportunity to work with Medicaid to discuss what dental procedures could be done at a lower cost. |
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Emily Jones, representing ICAN, spoke to the Committee. She stated that she would like preventative dental care restored. She further stated that she would have less trips to the dentist if her dentures could be properly fitted. |
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Krista Zebarth, also representing ICAN, addressed the Committee. She stated that she has epilepsy and the medication that she takes to control it causes dental problems. She would like to have the preventative dental care for adults on Medicaid restored. |
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Bill Foxcroft, executive director of the Idaho Primary Care Association, addressed the Committee. He discussed the Terry Reilly Health Services offices in Boise and Nampa. These offices serve Medicaid patients and provide dental care on a limited basis. He stated that these clinics are full and receive up to 300 calls per month from persons needing preventative dental care. He further stated that there are 25 to 75 people wanting dental appointments within the first half hour of the opening of the clinic. |
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Marie Herrera, representing ICAN, addressed the Committee. She stated that she would like to have preventative dental care restored for Medicaid adults. She explained that she cannot afford dental care and needs to have her four remaining teeth fixed or she will need dentures. She further explained that she is not concerned with cosmetics, just basic dental coverage. |
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Roger Sherman, representing the United Vision of Idaho, addressed the Committee. He explained that ten years ago the counties were paying more for indigent dental care, then Medicaid picked up the costs. He stated that he was concerned that if preventative dental care is not offered to Medicaid patients, the cost would now shift back to the counties. |
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In response to questions from Committee members, Jerry Davis clarified the following points. Approximately 80 percent of the dentists in the state have signed up to care for Medicaid patients. The average payment from Medicaid for dental services is about 50 percent of the fee. Those who do not show up for an appointment is a concern. Dental hygiene is taught to the patients, but there is no data to show how effective it is. He also explained that his organization is willing to look at anything to help solve the problem. He further explained that a recent survey shows that dentists have given approximately $20 million in free and discounted services. Mr. Davis stated that he knows of no dentist who has raised his fees because of treating Medicaid patients. He further stated that if the preventative dental program is reinstated, the Medicaid patients will have lost ground and it will not solve all of the problems. He also discussed the idea raised about mobile dental services. He explained that these services can be very costly, but do have value. Finally, he explained that the best dental prevention program starts at age four. |
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Jesse Johnson, representing ICAN, addressed the Committee. He stated that he would like the preventative adult dental program be reinstated. |
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Jason Wells clarified that his mother’s health problems have not been caused by poor dental hygiene, rather by other factors that have caused dental problems. |
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Chairman Block thanked those who participated in today’s meeting and announced that the subcommittee will meet Friday, January 31, at 8:00 A.M. |
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ADJOURN: | As there was no further business to be brought before the subcommittee, Chairman Block adjourned the meeting at 5:20 P.M. |
DATE: | January 30, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached sheet. |
Chairman Sali called the meeting to order at 2:00 P.M. He announced that the minutes of the January 28, 2003 meeting will be available for the Committee members at the next meeting. He further announced that he would like ideas from members concerning ways to cut costs within the Department of Health and Welfare, so he can present those ideas to the Joint Finance and Appropriation Committee. |
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Marilyn Sword, executive director of the Idaho Council of Developmental Disabilities, addressed the Committee. She explained that the Council is made up of 23 members who serve three year terms. Sixty percent of the Council are individuals with disabilities or parents of children with disabilities. The vast majority of funding for the Council comes from federal dollars. She discussed with the Committee the pamphlet entitled “A Medicaid Primer” provided to the members. This pamphlet was prepared by the Consortium of Idahoans with Disabilities. The Consortium is made up of 35 advocates and providers who meet monthly. She discussed the following topics described in detail in the pamphlet; the definition of Medicaid, Medicaid versus Medicare and private insurance, and people with disabilities and long-term care services. |
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Jim Baugh, executive director of CO-AD(Comprehensive Advocacy, Inc.), addressed the Committee. He is also a member of the Consortium of Idahoans with Disabilities. He described the various waivers for the disabled in the state as outlined in the pamphlet. These waivers include; A&D Waiver(Aged and Disabled), HCBS/DD Waiver(Home and Community-Based Services and Developmentally Disabled), HCBS/ISSH Waiver(State School and Hospital), and HCBS/TBI(for those with a traumatic brain injury). He made the following points; one-third of the beds in Idaho’s nursing homes are empty because of the number of people using these waivers and the cost of care under the waiver has to be lower than the cost of care in an assisted living facility. He further outlined what was in the pamphlet including, what kind of services are provided through waivers, why is Medicaid an issue for Idaho, and how Idaho compares to other states in Medicaid spending. |
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Kelly Buckland, executive director for the Idaho State Independent Living Council, addressed the Committee. He is also a member of the Consortium. He explained that the Council is made up of 23 members who are appointed by the Governor and the Council is required by federal law. 51 percent of the Council is made up of people with a variety of disabilities. He discussed the other ways to contain costs, increase consumer control and improve quality of services as outlined in the pamphlet. He made the following points; there is a general bias toward institutional care, waivers need to be more flexible, and there needs to be a better quality assurance program. He also discussed President Bush’s proposal for $1.75 billion, five-year program to help Americans with disabilities transition from nursing homes or other institutions to living in the community. These proposals include; “money follows the individual” re-balancing demonstration, and the New Freedom Initiative Demonstrations. In response to questions from Committee members, Mr. Buckland discussed the proposed rule dealing with the cap on hours for targeted case managers. He felt that those who need the services would not receive it, and those who do not need the services would receive them. |
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Jim Baugh made the following point to Committee members; circumstances are now changing for baby boomers born with disabilities because their aging parents unable to care for them which will cause a rise in Medicaid costs and services. |
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Docket 16-0411-0201: | Mary Jones, the acting chief of the Bureau of Developmental Disabilities, presented this docket to the Committee. She explained that the purpose of this rule is to establish clear standards for professionals rendering Medicaid services. It clarifies the requirements in the Developmental Disability Agency rules regarding the professional requirements for individuals providing intensive behavioral intervention to children in developmental disability agencies and in schools. These services require prior authorization, periodic and annual review. Provider qualifications include specific degree requirements and experience. The rule includes a provision to grandfather currently certified professionals who continue to provide intensive behavioral intervention services. |
The Committee found no basis upon which to reject Docket 16-0411-0201. | |
Docket 16-0601-0101: | Chuck Halligan, Bureau Chief for Children and Family Services, presented this docket to the Committee. He explained that this rule is the result of state and federal changes. In 2001, the Legislature passed two bills that are reflected in this rule. One is the Safe Haven Act, which allows a parent to be exempt from being placed on the child abuse registry if they follow the procedures of abandoning an infant within 30 days of birth. The other legislation deals with subsidized guardianship. Other federal changes now require the Department to report on children adopted from foreign countries that are placed in the Department’s care. |
The Committee found no basis upon which to reject Docket 16-0601-0101. | |
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Mr. Halligan continued his presentation. This rule deals with disposition of child abuse and neglect referrals. The rule proposes changing from five disposition codes to two. Having two disposition codes will result in greater inter-rater reliability, reflect more accurately the actual incidents of child abuse and neglect in the state and more importantly helps protect children from individuals that should be on the central registry. The rule also adds the words “family services” to clarify that the incident has to be witnessed by a Department worker. Mr. Halligan further explained that persons placed on the central registry have the right to appeal that decision and have their name removed from the registry. |
The Committee found no basis upon which to reject Docket 16-0601-0201. | |
Docket 16-0601-0301: | Mr. Halligan continued his presentation. This rule adds better language around the word parent, the term” Certified Adoption Professional” was added in place of the term “qualified individual”, and provides the standard appeal process for Certified Adoption Professionals should they be decertified by the Department. |
The Committee found no basis upon which to reject Docket 16-0601-0301. | |
Docket 16-0602-0201: | Jim Pruett, Licensing Program Specialist for the Department of Health and Welfare, presented this docket to the Committee. He explained that last year, the Legislature approved the revisions to the Child Care Licensing Act, giving the Department the authority to oversee children’s therapeutic outdoor programs in Idaho. This rule is the result of a three-year project to update all of the child care licensing standards and to include therapeutic outdoor programs. |
The Committee found no basis upon which to reject Docket 16-0602-0201. | |
Docket 16-0603-0301: | Pharis Stanger, Substance Abuse Program Manager for the Department of Health and Welfare, presented this docket to the Committee. This docket contains changes to the Rules and Minimum Standards Governing Alcohol/Drug Abuse Prevention and Treatment Programs. He explained that the section pertaining to outpatient drug court treatment facilities was the result of negotiated rule making with the Idaho Supreme Court’s Drug Court Coordinating Committee. Some of these changes include; term clarifications and definitions, qualifications for staff composition, clarification of reimbursement schedules, clarification of admission policies and procedures and clarification of Drug Court Outpatient Treatment Facilities. |
The Committee found no basis upon which to reject Docket 16-0603-0301. | |
Docket 16-0641-0201: | Decker Sanders, a Program Specialist from the Department of Health and Welfare, presented this docket to the Committee. He explained that this rule change provides the Department with the ability |
The Committee found no basis upon which to reject Docket 16-0641-0201. | |
Docket 16-0504-0101: | Celia Heady, executive director of the Idaho Council on Domestic Violence and Victim Assistance, presented this docket to the Committee. She explained that the last update of the rules of the council was in 1990. Recent legislative changes to Idaho Code need to be incorporated into the rules as well as updating existing rules. The rule change will incorporate the name change and additional assigned responsibilities of the Council as enacted by the Legislature. Other changes include updating the formatting of the chapter. In response to questions from Committee members, Ms. Heady explained |
The Committee found no basis upon which to reject Docket 16-0504-0101. | |
Docket 16-0506-0201: | Susan Altman, representing the Department of Health and Welfare, presented this docket to the Committee. She explained that this rule removes an incorrect date associated with the fee change for the rules governing the ombudsman for the elderly program. The fee change became effective January 2001, but the last printing of the rule indicated an effective date of July 1, 2001. She further explained that the fee change was implemented in conjunction with the 2 percent hold back and was necessary to cover a portion of the Department’s administrative overhead for the background check. |
The Committee found no basis upon which to reject Docket 16-0506-0201. | |
ADJOURN: | There being no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 5:00 P.M. |
DATE: | January 31, 2003 |
TIME: | 8:00 A.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Block, Representatives Eberle, Nielsen, Ring, Martinez and Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Block called the meeting to order at 8:10 A.M. She announced that the minutes from the January 29, 2003 meeting would be approved at a later date. She explained that the purpose of the meeting is to consider the rejection of |
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Jeanne Goodenough, representing the Attorney General’s Office, addressed the Committee. She suggested that if the committee wants to clean up Idaho Code 56209d and avoid any conflict in the future, it could do so by listing the services covered by Medicaid in the Idaho Code. |
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Chairman Block outlined the options that are available for the Committee. These include; recommend to the full Committee to accept the rule for Fiscal Year 2003; recommend that the committee reject the rule docket; or compromise to recommend that we accept the rule and voice our concerns to the Department of Health and Welfare to ask that the Department rewrite the rule to accommodate our concerns. She then explained the details with each option. If the rule is accepted, the committee does nothing else. If the rule is rejected, it would require a Concurrent Resolution, a repeal of Section 6 of the 2002 Appropriation Bill, and a Supplemental Bill from JFAC to cover the cost for FY2003 and FY2004. If the committee compromises and asks the Department to rewrite the rule, we would need no Concurrent Resolution, no Code repeal, and no Supplemental from JFAC. |
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Kathleen Allyn, Deputy Administrator of the Division of Medicaid, addressed the Committee in response to questions. She stated that if the rule was rewritten for 2003, the Department is still bound by legislative intent language from last year’s appropriation bill. If the rule is rewritten for 2004, certain populations (like the mentally ill) cannot be carved out, coverage would have to be applied uniformly to all mandatory adult Medicaid recipients. |
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Karen Gustafson, from the Administrative Rules Office, addressed the Committee in response to questions. She stated that the Committee needs to take some action on the rule, even with the rewriting option. She further clarified that the rule can either be rejected or accepted, or subsections can be rejected or accepted. She explained that the Legislature cannot amend or modify a rule. |
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Dr. Kido, a dentist representing the Idaho State Dental Association, spoke to the Committee also in response to questions. He clarified that dentists cannot just do teeth cleaning even if the patient requests it. He explained that the dentist needs to diagnose potential problems and if this is not done, it puts the dentist at risk and subjects him to possible lawsuits. |
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Dr. Cutler, a dentist who also is a consultant for the Department of Health and Welfare, addressed Committee questions. He discussed various services that can be deemed as emergency dental services. He also stated that emergency costs that show up in different areas are not tracked. |
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MOTION: | Rep. Ring made a motion to recommend to the full committee to accept Docket 16-0309-0216, but direct Medicaid to reinstate such adult preventative dental care as preventative care for patients with periodontal disease such as those on anti-seizure medication, dental infections, and those who have grave susceptibility to bacteremia, such as those with heart valve disease or heart valve replacements; these conditions should be declared as emergency dental care. |
Committee discussion followed with the following point clarified; Ms. Allyn explained that if the rule is accepted, it would stay in effect until time certain and services cannot be added because the cost would be higher. |
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SUBSTITUTE MOTION: |
Rep. Eberle made a Substitute Motion to recommend to the full Committee to accept Docket 16-0309-0216 and send a letter to the Department of Health and Welfare to address the concerns of the Committee at a future time. |
Committee discussion followed. Possible sources of funding was discussed by Rep. Martinez who provided to Committee a handout outlining the Division of Medicaid’s additional response to the Coalition for Long Term Solutions Proposals. One of the ideas discussed was the refunding of unused prescriptions in nursing facilities which could result in $1.3 million in savings, $400,000 of which is General Fund monies. |
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AMENDED SUBSTITUTE MOTION: |
Rep. Nielsen made an Amended Substitute Motion to recommend to the full Committee to reject Docket 16-0309-0216 and to direct the Department of Health and Welfare to restore adult dental care to those in the high risk population and to have this accomplished by July 1, 2003. |
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After discussion, Rep. Nielsen withdrew his AMENDED SUBSTITUTE MOTION. |
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Chairman Block recessed the meeting at 9:30 A.M. She called the meeting to order at 9:40 A.M. |
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Rep. Mitchell discussed with the Subcommittee the State funds that may be available for adult dental care. He explained that there may be up to $700,000 from the Liquor Dispensary fund available subject to approval from the Joint Finance Appropriation Committee. |
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ROLL CALL VOTE: |
On a roll call vote, the SUBSTITUTE MOTION by Rep. Eberle to recommend to the full Committee to accept Docket 16-0309-0216 and send a letter to the Department of Health and Welfare to address the concerns of the Committee at a future time, failed on a tie vote. Representatives Block, Eberle, and Ring voted AYE. Representatives Nielsen, Martinez, and Mitchell voted NAY. |
ORIGINAL MOTION: |
The Original Motion by Rep. Ring to recommend to the full Committee to accept Docket 16-0309-0216, but direct Medicaid to reinstate such adult preventative dental care as preventative care for patients with periodontal disease such as those on anti-seizure medication, dental infections, and those who have grave susceptibility to bacteremia, such as those with heart valve disease or heart valve replacements; these conditions should be declared as emergency dental care. On a voice vote, the motion carried. |
MOTION: | Rep. Eberle made a motion to adjourn the meeting. |
ADJOURN: | Chairman Block adjourned the meeting at 10:05 A.M. |
DATE: | February 4, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached sheet |
Chairman Sali called the meeting to order at 1:40 P.M. He announced that minutes of January 28, 2003 will be approved later in the meeting. |
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Docket 24-1401-0201: | Rayola Jacobsen, bureau chief of the Board of Occupational Licensing, presented this rule to the Committee. She explained to the Committee that those opposing this pending rule have since met and resolved their concerns. This rule deletes obsolete social work classifications and establishes current classifications and definitions to be in compliance with current law changes and adds the board/bureau contract is to include investigative, legal and fiscal responsibilities. It clarifies reimbursement expenses for board members, deletes that expired licenses will be cancelled on July 1st, updates the classifications under fees to reflect those in the current law change, changes board meeting dates to be at least three times each year and at such other times and places as deemed by the board, clarifies endorsement requirements, changes application deadline date to be at least 10 days prior to the next board meeting and clarifies continuing education requirements. |
Greg Dickerson, president of the Mental Health Providers Association, spoke in support of Docket 24-1401-0201. He explained that his organization will be involved with the Bureau to draft rules for the next legislative session to clarify the language in the rule regarding social work classifications and definitions. |
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The Committee found no basis upon which to reject Docket 24-1401-0201. | |
Docket 27-0101-0201: | Mick Markuson, executive director of the Idaho State Board of Pharmacy, presented this docket to the Committee. This rule deals with ephedrine products and the maximum dosage requirements and label disclosures and warnings. Mr. Markuson explained that due to Committee concerns about the fee charged to the manufacturers and wholesalers of this product, a new temporary rule will be written and asked that the Committee reject this rule docket. The registration fee will be changed from $1,000 to $100 in the new |
Chairman Sali asked for Unanimous Consent to reject Docket 27-0101-0201. There were no objections. | |
RS 12734: | Kelly Buckland, executive director of the State Independent Living Council, presented RS 12734 to the Committee. He gave a brief history of the background of this RS and RS 12735. He explained that Idaho child custody laws, as currently written, reflect the historical bias against parents with disabilities and present an unrealistic view of the disability community. In early 1999, the Idaho State Independent Living Council established the Committee for Fathers and Mothers Independently Living with their Youth(FAMILY). The committee has held numerous meetings to review and revise current laws pertaining to Child Protection and Termination of Parental Rights. RS 12734 and RS 1235 are the result of these meetings. RS 12734 proposes to do the following; removes from current law any inappropriate disability language, builds into current law protections against discriminatory actions because of a parent’s disability in child protection legal proceedings, and creates an evaluation system that is consistent and takes into consideration the use of adaptive equipment and supportive services. Mr. Buckland briefly discussed the fiscal impact of the proposed legislation. There is a total impact of $1,000,000 to cover the cost of training of staff to implement these provisions. He asked that the Committee change on page 6, line 20 delete “provision” and change to “consideration”. |
MOTION: | Rep. Eberle made a motion to print RS 12734 and on page 6, line 20, strike “provision” and substitute “consideration”. On a voice vote, the motion carried. |
RS 12735: | Mr. Buckland presented this RS to the Committee. He explained that legislation was introduced and passed in the 2002 Idaho State Legislature that amended the law regarding termination of parental rights for parents with disabilities. This proposed legislation will amend language that was not amended last legislative session. He explained on page one, line 24, which reads, “the parent is failing to discharge parental responsibilities and such a failure will continue for a prolonged indeterminate period and will be injuious to the health, morals or well-being of the child”. This language reflects the consensus of the FAMILY Committee. |
MOTION: | Rep. Mitchell made a motion to print RS 12735. On a voice vote, the motion carried. |
RS 12799: | Marilyn Sword, representing the Council on Developmental Disabilities, presented this RS to the Committee. She explained that the purpose of this legislation is to convene a group of individuals to develop a waiver to the Medicaid program that would permit up to 200 qualified individuals with developmental disabilities, who choose to do so, the option of receiving services using a self-directed model. Once developed, the Department would have the responsibility for submitting |
MOTION: | Rep. Nielsen made a motion to print RS 12799. On a voice vote, the motion carried. |
RS 12822: | Victoria Paulson, representing the Idaho Medical Association, presented this RS to the Committee. She explained that out of 2,200 practicing physicians in the state, 80 percent are members of the Idaho Medical Association. The purpose of the proposed legislation is to increase the number of physicians the Idaho Medical Association nominates for the Governor’s consideration for appointment to the Board of Medicine from three nominees to six nominees. She gave Committee members a copy of a resolution passed by the Idaho Medical Association House of Delegates in July of 2002 which states that the process of nominating three physicians to serve on the Board of Medicine has been criticized as limiting the field of potential candidates to the membership of the IMA. In response to questions by Committee members, Ms. Paulson clarified that the list submitted to the Governor is non-ranked, and the intent of the Idaho Medical Association is to open up the nominations to those who are not members of the Association. |
Bob Seehusen, executive director of the Idaho Medical Association, spoke to the Committee in response to questions. He stated that IMA would oppose any change in the proposed legislation that would include broadening the language to include all physicians or self-nominations. He stated that currently the IMA sends letters to all the physicians in the state when there is a vacancy on the Board and that those who want to serve are those that are leaders in the community. |
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Rep. Henbest stated that the Board of Medicine has been reviewed by the Joint Legislative Oversight Committee and reforms have been suggested. These reforms include removal of a member of the Idaho State Police as a member of the Board and the length of time served shortened to four years instead of six. She stated that this proposed legislation does not address those changes. |
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MOTION: | Rep. Mitchell made a motion to print RS 12822. By a show of hands, the motion carried. |
Michael Bogert, from the Governor’s office, briefed the Committee on the status of the “Jeff D” litigation. He explained that this lawsuit is entering in it’s 23rd year of litigation. He gave a brief background of the suit. The suit was filed in 1980 on behalf of over 2,000 indigent children and adolescents who suffer from emotional and mental disabilities. The Defendants named in the suit included the Governor of Idaho, the |
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Jody Carpenter, a deputy Attorney General, addressed the Committee. She explained that the two main issues that were argued in the suit included; the state was violating the rights of juveniles placed at State Hospital South by mixing them with the adult population and not providing specialized educational and mental health services, and that the state is required to provide community-based mental health services to children. She then discussed the timeline of the lawsuit. She explained that the state has satisfied the issue of mixing juveniles with adults, but is still implementing and expanding community-based mental health services to children. The state has been ordered by a federal judge to develop a plan to implement 50 recommendations. Out of these recommendations, some have been met, others need additional funding, and some will require time to be put in place. She further explained that the state will meet with the plaintiff’s counsel in March to discuss these implementations. The state is currently awaiting a decision by the 9th Circuit Court of Appeals regarding this case. The state has argued that no current plaintiff is identified and that there is no federal right to community-based services and the Federal Court’s oversight of Idaho’s Children’s Mental Health Services system is a violation of the separation of powers. |
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Karl Kurtz, director of the Department of Health and Welfare, addressed the Committee. He stated that three years ago, the Governor put together a council on children’s mental health chaired by the Lieutenant Governor which was charged with implementing the needs assessment for children’s mental health. He further stated that there are seven regional mental health councils around the state who decide how to put this system of care in each region. In addition, there are 30 local councils to address the needs of children’s mental health. He explained that there have been quantum leaps made in services to these children, but there are still changes to be made. The Department has made good progress but is trying to stretch resources and there are not adequate funds to treat all children with mental illness. |
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Mr. Bogert read to the Committee a letter from the plaintiff’s counsel requesting additional services. He stated that the position of the state is that it is time to return the act of policy making to the people of Idaho. |
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MOTION: | Rep. Kulczyk made a motion to approve the minutes of the January 28, 2003 meeting as submitted. On a voice vote, the motion carried. |
ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 4:20 P.M. |
DATE: | February 6, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached sheet. |
Chairman Sali called the meeting to order at 1:35 P.M. | |
MOTION: | Rep. Ring made a motion to approve the minutes of the January 30, 2003 meeting as submitted. On a voice vote, the motion carried. |
MOTION: | Rep. Kulczyk made a motion to approve the minutes of the February 4, 2003 meeting as submitted. On a voice vote, the motion carried. |
Vice-Chairman Block reported to the Committee on the subcommittee’s recommendation regarding Docket 16-0309-0216. (See attached letter). She explained that after much discussion, the subcommittee voted to recommend to the full Committee to approve Docket 16-0309-0216 and send a letter to the Department of Health and Welfare requesting that the Department include, in current emergency services, care to adults with tooth and gum conditions at high risk for periodontal infection likely to lead to bacteremia or other serious health concerns. |
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The Committee found no basis upon which to reject Docket 16-0309-0216 and will send a letter to the Department of Health and Welfare outlining their concerns. |
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Docket 16-0309-0214: | Robert Vande Merwe, executive director of the Idaho Health Care Association testified in favor of this docket. |
Rick Halloway, president of Western Health Care, and owner of several assisted living facilities, testified in favor of this docket. He stated that he was skeptical of the rule at first, but now embraces prior-authorization. He further stated that he has seen no negative outcomes and that the Department has been willing to work with the providers. |
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Jim Alexander, a pharmacist for over 30 years, also testified in favor of this docket. He stated that the rule is important and is a good rule. He further stated that generic drugs are tolerated as well brand name ones. He explained that pharmacists, under this rule, can dispense 72 hours of emergency medication, and no one is denied medication if there is a logical explanation. |
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Jack Lewis, a pharmacist since 1962, also spoke in support of this rule. He stated that Medicaid is not unique in requiring prior authorization. He further stated that there has been a quick turnaround from Medicaid in prior authorization. He stated that he feels the rule is fair. |
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Scott Burpee, CEO of Valley Vista Care Services, addressed the Committee. He also testified in support of the rule docket. He explained that one-third of health care costs is from prescriptions. He further explained that other insurance plans are more restrictive than the Medicaid rule. He stated that this rule has been operating since May and the Department has been very flexible in the implementation of it. |
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William Silvius, a pharmacist, also spoke in support of this docket. He explained that patient care has not been compromised by the implementation of this rule. |
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Chuck Bosen, a registered nurse who works at a skilled nursing facility, testified in support of this docket. He made the following points, the rule does not limit access to care and it does not impede quality of care. He further stated that he does not know about any negative outcomes related to the implementation of this rule. |
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Bill Roden, representing Pharmaceutical Research and Manufacturers of America, addressed the Committee. He stated that Docket 16-0309-0214, as written, has the potential to cause harm to patients. He explained that the major problem of the rule is that the terms of “therapeutically interchangeable” and “more conservative” are not defined and should be clarified. He stated that there will be a public hearing on this rule by the Department on February 12th and hopefully changes will be made. He further stated that the Department can adopt a new temporary rule immediately if this rule is rejected. He also stated that he is not asking the Department to abandon prior authorization as the department intends by this rule or the idea of exploring a Preferred Drug List. He further explained that the Legislature will have the opportunity to look at this rule next session as a pending rule. |
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Michelle Glasgow, executive director of the Idaho Assisted Living Association, addressed the Committee. She explained that she had studied this rule and felt that the Department is taking the most prudent action and other states are not approaching the problem as carefully. |
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Dr. Thomas Young, part-time consultant for the Department of Health and Welfare and a practicing physician, addressed the Committee. He explained that prior authorization does not change the process between patients and their physicians. He stated that this rule needs to go forward. |
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Kathleen Allyn, deputy administrator for the Division of Medicaid, addressed the Committee. She provided a handout to Committee members (see attached). The handout contained responses to concerns raised during the hearing of Docket 16-0309-0214. She explained in detail the main concerns outlined in the handout. These concerns include; whether the Department has the authority to |
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Karen Gustafson, representing the Administrative Rules Office, addressed the Committee in response to questions. She explained that if this temporary rule is rejected, it will die when the Legislature ends and the Department of Health and Welfare will have to immediately adopt a new temporary rule to replace it. The rule will be reviewed by the Legislature next session as a pending rule. She further explained that there may be a gap in services if the rule is rejected. |
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Kathleen Allyn clarified in response to Committee questions, that if the rule is rejected, there may be a need to ask for a supplemental appropriation from the Joint Finance and Appropriation Committee. |
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MOTION: | Rep. Garrett made a motion to approve Docket 16-0309-0214. In speaking to her motion, Rep. Garrett provided to Committee members a packet of information regarding this rule which she also provided to the department. She stated that she had spoken with physicians, pharmacists, providers and recipients and have heard their concerns. She outlined the concerns which include the definition of “medically necessary”, the potential for the rule to inappropriately become a preferred drug list, definition of “more conservative” and delays and confusion regarding prior authorization. On a voice vote, the motion carried. |
MOTION: | Rep. Kulczyk made a motion to print RS 12791, RS 12792, RS 12834, RS 12709, RS 12846, RS 12672C1, and RS 12886C1. After conferring with Rep. Henbest, the sponsor of RS 12709, Rep. Kulczyk amended his motion to send all of the above RS’s to print with the exception of RS 12709 which will be printed with the following change; “9-340F Exemption from Disclosure-Records of court proceedings regarding judicial authorization of sterilization procedures.” On a voice vote, the motion carried. |
ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 3:40 P.M. |
DATE: | February 10, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:40 P.M. | |
MOTION: | Rep. Kulczyk made a motion to approve the minutes of the February 6, 2003 meeting as submitted. On a voice vote, the motion carried. |
MOTION: | Chairman Sali explained that HB 18, a pre-filed bill relating to optometry license fees, has been requested by the sponsor to be held in Committee. Rep. Henbest made a motion to HOLD HB 18 in Committee. On a voice vote, the motion carried. |
RS 12868: | Rep. Douglas presented this RS to the Committee. She explained that the purpose of this legislation is to state that breast-feeding has significant health benefits for both mother and child, and that a woman should not be prohibited from breast-feeding in any public or private location where she has the right to be. She stated that this proposed legislation has the support of the La Leche League and Women Infants and Children(WIC). She further stated that health care costs could be reduced by more mothers breast-feeding their children. |
MOTION: | Rep. Martinez made a motion to print RS 12868. |
SUBSTITUTE MOTION: |
Rep. McGeachin made a Substitute Motion to return RS 12868 to the sponsor. By a show of hands, the motion failed. |
ORIGINAL MOTION: |
By a show of hands, the Original Motion to print RS 12868 passed. |
RS 12896: | Rep. Douglas also presented this RS to the Committee. She explained that the purpose of this legislation is to require that all employers allow their female employees who are breast-feeding the time and place to express milk. She further explained that other states have similar legislation. She stated that mothers could return to work sooner if allowed by their employers a place and time to express milk. |
MOTION: | Rep. Mitchell made a motion to print RS 12896. After Committee discussion, in which Committee members expressed their concern over a possible contradiction in the proposed legislation, the Motion failed by a show of hands. |
RS 12690: | Robert Vande Merwe, executive director of the Idaho Health Care Association, presented this RS to the Committee. He explained that passage of this legislation will allow Canadian trained nurses to apply for an Idaho license without having to sit for a burdensome and expensive international nursing test. He further explained that Idaho currently has a severe nursing shortage and this legislation will help Canadian trained nurses to more easily acquire an Idaho nursing license. He stated that the required test is only offered in three places in Canada and only given three times a year. Mr. Vande Merwe explained that this bill may not do what he had hoped it would do after talking with Sandra Evans, executive director of the Board of Nursing. He stated that amendments would have to be made and problems worked out with the Board of Nursing. Chairman Sali explained that the Committee could vote to print this RS and then make amendments to the bill, or return the RS to the sponsor and a new RS would be drafted and could be printed in a privileged committee. |
MOTION: | Rep. Henbest made a motion to return RS 12690 to the sponsor. In speaking to her motion, she stated that the sponsor should work out problems with the Board of Nursing and come back with a new RS. |
SUBSTITUTE MOTION: |
Rep. Nielsen made a Substitute Motion to print RS 12690. By a show of hands, the motion carried. |
RS 12904C1: | Rep. Frances Field presented this RS to the Committee. She explained this proposed legislation adjusts the schedule of controlled substances in Idaho to match schedule adjustments by the federal Drug Enforcement Administration. She further explained that this proposed legislation was prompted by a letter she had received from a constituent who has narcolepsy and the drug that has been successful in treating her condition is a controlled drug that she is not able to obtain because of where it is placed on the schedule of controlled drugs. She stated that the Board of Pharmacy has promulgated a temporary rule to allow her to use this medication, and this proposed legislation would replace the temporary rule. |
Mick Markuson, executive director of the Board of Pharmacy, addressed the Committee in response to questions. He explained the Drug Schedules to Committee members. Schedule I contains drugs that have the most probability of abuse and includes most street drugs, Schedule II contains the next most potent drugs, Schedule III contains drugs such as ibuprofen, Schedule IV contains some tranquilizers, and Schedule V contains drugs such as cough syrups. He further explained that all of the drugs on these schedules require a prescription. He stated that the proposed legislation moves the substance Buprenorphine from Schedule V to Schedule III, revises Schedule I to allow specific products containing gamma hydroxybutyric acid to be placed in other schedules, adds to Schedule III any drug product containing gamma hydroxybutyric acid, and provides for penalties for using or being under the influence of any drug product containing gamma hydroxybutyric acid. |
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MOTION: | Rep. Ring made a motion to print RS 12904C1. On a voice vote, the motion carried. |
RS 12952: | Rep. Gagner presented this RS to the Committee. He explained that the purpose of this proposed Concurrent Resolution is to further establish a cost-effective Utilization Management Program for the Developmentally Disabled within the Department of Health and Welfare. It would also require a system of checks and balances to be utilized along with prior-authorization by the Regional Health and Welfare Access Units. It also establishes consistency of service, through a system of objective standards, to be used throughout the state for plan development, and ensures that the right services for the Developmentally Disabled are delivered in the right setting at the right cost. He further explained that this legislation is intended to generate debate between the Department of Health and Welfare and providers and give policy direction to the Joint Finance and Appropriation Committee. |
MOTION: | Rep. Nielsen made a motion to print RS 12952. On a voice vote, the motion carried. |
RS 12951: | Skip Smyser, representing the Idaho State Dental Association, presented this RS to the Committee. He explained that there are those that have come into the state of Idaho and held themselves out as qualified licensed dentists, who were not. This proposed legislation would provide for a civil penalty that would eliminate the financial incentive in practicing dentistry without a license in the state of Idaho. The proposed legislation would also allow for reasonable attorney’s fees and costs if injunctive relief was sought pursuant to Idaho Code. |
MOTION: | Rep. Martinez made a motion to print RS 12951. On a voice vote, the motion carried. |
RS 12971: | After yielding the gavel to Vice-Chairman Block, Chairman Sali presented this RS to the Committee. This proposed legislation recognizes Natural Health Care as a modality of health care and provides for registration, certification and licensure of practitioners at various levels; establishes a board, provides for scope of practice and authorizes unconventional care under certain circumstances. Chairman Sali explained that currently some naturopaths are probably practicing medicine without a license. |
MOTION: | Rep. Henbest made a motion to print RS 12971. On a voice vote, the motion carried. |
RS 12959C1: | Chairman Sali also presented this RS to the Committee. This proposed legislation revises the manner in which and the grounds on which a child may be removed for shelter care on an emergency basis. It adds an objective standard for review, promotes protection of parental rights wherever possible and adds recognition of non-medical health care as a consideration by the judge. He explained that this proposed legislation is a result of a situation in which an infant was put into shelter care for 48 hours because of a dispute between the parents and a physician. This proposed legislation gives the parents every opportunity to go before a judge before a determination is made. |
MOTION: | Rep. Kulczyk made a motion to print RS 12959C1. On a voice vote, the motion carried. |
RS 12761C1: | Bill Roden , representing the Pharmaceutical Manufacturers Association, presented this RS to the Committee. He explained that the purpose of the proposed legislation is to provide a process for future rule making by the Department of Health and Welfare relating to the Medicaid pharmacy benefit program. The proposal provides a negotiated rule making process that will include pharmacists, the medical profession and representatives of Medicaid patients. The proposed legislation confirms that prior-authorization or preferred drug lists should be based on a clinical foundation consistent with quality patient care. It further provides that response to prior-authorization requests will be made in a reasonable time. The proposed legislation assures that rules adopted by the Department will affirm the right of the prescribing physician to prescribe medicines for their patients that the physician determines, in the physician’s best medical judgment, are the most effective drugs to treat the patient’s health condition. Mr. Roden explained the RS proposes that new drugs would get six months of use before being put on the prior-authorization list. |
MOTION: | Rep. Nielsen made a motion to print RS 12761C1. There was Committee discussion on the fiscal impact of the RS which states there would be no impact to the State’s General Fund. Chairman Sali requested a full description of how this proposed legislation would change the current rule making process by the Department of Health and Welfare, the kinds and numbers of prescriptions that would be approved under the proposal and the increase in funding that would result. On a voice vote, the motion carried. |
ADJOURN: | As there was no further business to be brought before the Committee, Vice-Chairman Block adjourned the meeting at 3:55 P.M. |
DATE: | February 12, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:35 P.M. | |
MOTION: | Rep. Kulczyk made a motion to approve the minutes of the February 10, 2003 meeting as submitted. On a voice vote, the motion carried. |
Rep. Garrett discussed with the Committee a letter to the Department of Health and Welfare outlining the Committee’s concerns regarding Docket 16-0309-0214 dealing with prior-authorization for Medicaid payments for prescriptions. (See attached letter). Rep. Garrett made an Unanimous Consent Request to send a copy of this letter to the Department of Health and Welfare to be a part of the public record in today’s public hearing regarding this docket. There were no objections. |
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Director Karl Kurtz of the Department of Health and Welfare addressed the Committee. He discussed the hold backs made by the Department in 2002 and 2003. He provided a handout to Committee members outlining reductions taken in each division. Chairman Sali asked Director Kurtz to supply Committee members with information for each fiscal year regarding the specific actions taken within each division to arrive at the hold back figures given. Director Kurtz stated that he would provide that information at the next meeting of the Committee on February 14th. In response to questions, he clarified that there have been 192 reductions in services, but 24 services have been added back to Medicaid. |
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Rep. McGeachin discussed with the Committee several cost savings ideas within the Department of Health and Welfare that she has researched. She thanked the Department for their cooperation in this research. She provided handouts to Committee members outlining three projects she has been working on. These include; reduction in personnel and costs, analysis of administrative costs within each division, and appropriation costs for Department vehicles. A copy of her report is attached. Rep. McGeachin explained that the number of dollars that the Department |
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Director Kurtz responded to the questions raised by Rep. McGeachin. He explained that Medicaid administrative costs were 5.9 percent in 2002 which puts Idaho in the middle of the national average. |
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Gary Broker, from the Department of Health and Welfare, responded to questions raised in Rep. McGeachin’s report. He explained that the Department’s vehicles are purchased with General Funds, then after the car has depreciated, the cost to the state is only 50 percent for the vehicle. |
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Chairman Sali thanked Rep. McGeachin for her hard work in researching these cost-saving ideas. He announced that his presentation to the Joint Finance and Appropriation Committee has been changed to Wednesday, February 19th and would like ideas from Committee members on additional ways to save money within the Department. |
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H 22: | Rayola Jacobsen, director of the Bureau of Occupational Licensing, presented this bill to the Committee. She explained that this legislation was requested by the Board of Barbers. This bill allows the Barber Board to expand exemption to include all licensed nurses, persons practicing in their own homes on family members without compensation, and allows services for those unable by ill health, medical confinement or involuntary incarceration to go to the barber shop. The bill would also require barber schools or colleges approved by the board to deliver to the board a $20,000 bond. |
Roger Hales, an attorney representing the Bureau of Occupational Licensing, addressed the Committee in response to Committee questions. He explained that he was not aware of anyone who has been charged or convicted of barbering without a license. |
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MOTION: | Rep. Mitchell made a motion to send H 22 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Mitchell will sponsor the bill on the House Floor. |
H 23: | Ms. Jacobsen presented this bill to the Committee. This bill strikes language designating levels of nursing experience, adding barber-styling as a designation and allows cosmetologists to provide services for those unable to go to a cosmetological establishment. |
MOTION: | Rep. Mitchell made a motion to send H 23 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. McGeachin will sponsor the bill on the House Floor. |
H 24: | Ms Jacobsen presented this bill to the Committee. This bill adds language for disciplinary proceedings of the Board of Counselors and Marriage and Family Therapists and provides the Board additional disciplinary alternatives. The bill also contains language that allows a registration fee for interns. |
MOTION: | Rep. Henbest made a motion to send H 24 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Eberle will sponsor the bill on the House Floor. |
H 25: | Roger Hales, an attorney representing the Bureau of Occupational Licensing, presented this bill to the Committee. This bill allows the Nursing Home Administrator Board to set objective standards when reviewing applications for licensure from applicants from other states. Mr. Hales explained that rules would be promulgated regarding these standards and will be brought before the Legislature for review next session. |
MOTION: | Rep. Mitchell made a motion to send H 25 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Nielsen will sponsor the bill on the House Floor. |
H 26: | Michael Graham, representing the Blind Commission, presented this bill to the Committee. He explained that this bill is necessary to remove from Idaho Code the requirement of a medically documented opinion in determining whether an individual is functionally blind. The Idaho Commission for the Blind and Visually Impaired believes that a medical opinion should only be one of the factors used in determining whether an individual is functionally blind and this amendment would allow Commission counselors the ability to consider additional factors in making a final decision as to whether an individual is functionally blind. Mr. Graham explained that if this bill passes, 40 to 75 individuals will have one less step to go through to receive services from the Commission. |
MOTION: | Rep. Ring made a motion to send H 26 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Ring will sponsor the bill on the House Floor. |
Chairman Sali announced that the next meeting of the Committee will be 1:00 P.M. on February 14th. |
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ADJOURN: | As there was no further business to come before the Committee, Chairman Sali adjourned the meeting at 3:00 P.M. |
DATE: | February 14, 2003 |
TIME: | 1:00 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Rep. Eberle, Rep. Mitchell |
GUESTS: | See attached list. |
Chairman Sali called the meeting to order at 1:05 P.M. | |
MOTION: | Rep. Ring made a motion to approve the minutes of February 12, 2003 as submitted. On a voice vote, the motion carried. |
Chairman Sali discussed with Committee members a copy of his letter to the Speaker explaining the Committee’s action regarding administrative rule review. The letter will be forwarded to the Speaker and a copy will be placed in the member’s minute books. |
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Director Karl Kurtz of the Department of Health and Welfare addressed the Committee. He provided to Committee members a handout detailing hold backs in Fiscal Year 2002, 2003 and Base Reductions in Fiscal Year 2003. (See attached). Hold backs were detailed within the following divisions, Division of Health, Division of Welfare, Division of Medicaid, Division of Family and Community Services, and Indirect Support. Director Kurtz explained that the independent councils; including the Developmentally Disabled, Domestic Violence, and Deaf and Hard of Hearing, were not included in the handout, but the hold backs in these councils totaled approximately $70,000. He further explained that there were three hold backs implemented, 3 percent in Fiscal Year 2002, 1 percent in Fiscal Year 2003 base reduction, and 1 percent in Fiscal Year 2003. He also discussed the additional positions hired by the Division of Medicaid. He explained that the positions were needed to implement the cost-saving reductions within the Division and to manage Medicaid services. Director Kurtz further explained that the Division of Family and Community Services has eliminated 194 positions, 140 of which were administrative positions. He emphasized that the Department has tried to minimize the hold backs in services to impact the least amount of people and cause the least harm, but people have been impacted. He commended the outstanding professionals that work at the Department and the support they have received during this difficult time from members of the Legislature. Director Kurtz stated that if the Department is asked to implement another two percent in hold backs, $7 million would come out of the Division of Medicaid.
In response to questions from Committee members, he explained that the |
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Chairman Sali asked that Director Kurtz further detail how much was saved under each division’s hold back. |
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Chairman Sali put the Committee at ease at 2:35 P.M. | |
Chairman Sali called the meeting back to order at 2:45 P.M. | |
H 19: | Due to the absence of Rayola Jacobsen, Bud Hetrick, Deputy Administrator of the Bureau of Occupational Licensing, presented this bill to the Committee. This bill clarifies the manner of payment to the national examination entity for psychologist examiners, clarifies the processing fee of $25.00 and strikes unnecessary language. |
MOTION: | Rep. Garrett made a motion to send H 19 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Garrett will sponsor the bill on the House Floor. |
H 20: | Mr. Hetrick presented this bill to the Committee. This bill strikes language removing the sanitary supervision of barber shops, hairdressing parlors, and retail cosmetics dealers from the jurisdiction of the Director of Health and Welfare. He explained that these establishments are currently being inspected by the Bureau of Occupational Licensing. |
MOTION: | Rep. Martinez made a motion to send H 20 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Martinez will sponsor the bill on the House Floor. |
H 21: | Mr. Hetrick continued his presentation. This bill relates to the Board of Podiatry and strikes the reference to a national examination entity and sets a cap on the examination fee. In response to questions from Committee members, Mr. Hetrick explained that the Board cannot raise the examination fee without a rule change which would have to come before the Legislature for review. He further explained that the Board has been giving this exam for the past three years, and the proposed cap is comparable to those in other states. |
MOTION: | Rep. Ring made a motion to send H 21 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. McGeachin will sponsor the bill on the House Floor. |
Lengthy Committee discussion followed in which members discussed various ways to further save money with the Department of Health and Welfare. The following points were made; multi-state buying pools for pharmaceuticals should be investigated, the proposed appropriation for vehicles for the Department of Health and Welfare should be cut in half, and the needs of the Department should be prioritized. Chairman Sali expressed his concern that the Committee needs direction from leadership whether or not a tax increase will be considered before members consider additional cost-savings ideas for the Department and asked for the backing of Committee members in going to leadership for that direction. The Committee members present expressed their support. Vice-Chairman Block stated that she did not want to take any action that would cause an increase in sales taxes. |
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MOTION: | Rep. Kulczyk made a motion to adjourn. On a voice vote, the motion carried. |
ADJOURN: | Chairman Sali adjourned the meeting at 4:15 P.M. |
DATE: | February 18, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list. |
Chairman Sali called the meeting to order at 1:35 P.M. | |
MOTION: | Rep. Kulczyk made a motion to approve the minutes of the February 14, 2003 minutes as submitted. On a voice vote, the motion carried. |
M.C. Niland, director of WITCO (Western Idaho Training Company) and representing the Idaho Association of Community Rehabilitation Programs, addressed the Committee. (See attached testimony) She gave a brief history of the programs and explained that the none of the CEOs of these companies have interest or partnership in any private for profit businesses which provide other services to people with disabilities. She further explained that the primary focus of the Association is work and employment for people with disabilities. She stated that vocational services have always been a managed care system in Idaho. She further stated that when the Governor ordered a 3 and one half percent reduction in General Funds, the Department of Health and Welfare cut the General Funds appropriated for vocational services by 27 and one half percent. Ms. Niland asked the Committee for their support of the Association in their efforts to reduce the amount of their Fiscal Year 2003 budget cuts and support their intent in the Fiscal Year 2004 budget which prevents this from happening again. |
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MOTION: | Rep. McGeachin made a motion to recommend to the Joint Finance and Appropriation Committee to consider restoring the money cut from these programs through the savings found by the Medicaid Task Force. |
Committee discussion followed in which the following point was clarified; Ms. Niland explained that the current hold back is $753,000 and that the Association is not asking for an exemption, just some relief. Committee members discussed that this disproportionate cut for these programs should be restored this year, then next year should be looked at in a different light. |
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SUBSTITUTE MOTION: |
Rep. Nielsen made a Substitute Motion that the Chairman will advise the Joint Finance and Appropriation Committee that the Committee has concerns about the disproportionate cuts for these programs, that work services have been impacted disporportionately and that the consequences to the Medicaid budget could be lessened by leveraging Medicaid funds to pay for these services. |
In response to questions from Committee members, Randy May, from the Department of Health and Welfare, clarified that Medicaid funds cannot be transferred into a Federally non-compliant program. He further explained he does not have a high degree of confidence in the numbers suggested for cost-savings and the expansion of waivered Medicaid services could be a six month process. He stated that he would study how this expansion could be implemented and would report back to the Committee. |
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After Committee discussion, the Substitute Motion carried on a voice vote. | |
Chairman Sali introduced the new page for the Committee, Kristina Uhlenkott, from Cottonwood, Idaho. |
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H 12: | Nancy Kerr, executive director of the Board of Medicine, presented this bill to the Committee. She explained that the purpose of this legislation is to amend existing law to add language to comply with the FBI requirement that Idaho’s state statute establishing guidelines for issuance of a license must require fingerprinting and authorize the licensing agency to exchange fingerprint data with the FBI to allow access to criminal history record information maintained by the FBI. |
MOTION: | Rep. Ring made a motion to send H 12 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Ring will sponsor the bill on the House Floor. |
H 238: | Skip Smyser, representing the Idaho State Dental Association, presented this bill to the Committee. He explained that this legislation would provide for a civil penalty that would eliminate the financial incentive in practicing dentistry without a license in the state of Idaho. Mr. Smyser explained that after discussion with interested parties, the Association requests that H 238 be sent to General Orders to delete section 2 of the bill that deals with the injunctive process for recovering attorney’s fees. |
PRO: | The following people stood and expressed their support of sending H 238 to General Orders to delete section 2; Woody Richards, Jack Klure, and Mike Sheeley, executive director of the Board of Dentistry. |
MOTION: | Rep. Mitchell made a motion to send H 238 to General Orders with Committee amendments attached. On a voice vote the motion carried. Rep. Sali will sponsor the bill on the House Floor. |
HCR 17: | Michelle Glasgow, representing the Idaho Assisted Living Association, presented this resolution to the Committee. She explained that this resolution would curtail the wasteful practice of destroying unused and unopened medications by allowing Assisted Living facilities to return medications just as hospitals and nursing homes presently do. She further explained that this will help reduce costs of healthcare, |
CON: | Mick Markuson, executive director of the Idaho State Board of Pharmacy, testified in opposition to HCR 17. He discussed the issue of inspections that would have to be done in Assisted Living Facilities to ensure the proper return of these medications. He stated that the Board only has three inspectors to cover the entire state. He further stated that lot numbers are not currently on blister packs and that would cause a problem if the medication were to be recalled. He explained that if there is a recall, that all lots of each product name will be recalled. |
Committee discussion followed with the following points clarified; inspections can be done monthly by a registered nurse of record, and consultant pharmacists work with long-term care facilities who have oversight over the dispensing of medications, and nursing homes are currently required to return medications for their Medicaid patients only. |
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PRO: | Rick Halloway, president of the Western Health Care Association and owner of an assisted living facility, spoke in support of HCR 17. He stated that the last inspection by the Board of Pharmacy in his facility took place before 1997. He further stated that $1,500 worth of medications were recently destroyed by his facility last month. |
PRO: | Kelly Buckland, executive director of the Idaho State Independent Living Council, spoke in support of HCR 17. He stated that he is a member of the Long-Term Solutions Committee, and this idea of returning unused and unopened medications was one of the recommendations of this Committee. He further stated that all this resolution is asking is for a committee to be put together and study this issue and come back before the legislature for review. He also stated that the Council supports HCR 17. |
PRO: | Robert VandeMerwe, executive director of the Idaho Health Care Association, spoke in support of HCR 17. He explained that all this resolution is trying to do is make sure all interested parties stay together and further study this issue. He further explained that without this legislation, unopened and unused medications cannot be returned in assisted living facilities. |
Chairman Sali asked that Committee members read a letter from Jo An Condie, CEO of the Idaho State Pharmacy Association, expressing the Association’s concerns with HCR 17. She stated that while returns are allowed from Skilled Nursing Homes, Assisted Living Homes are not regulated by the Board of Pharmacy and currently do not handle medications in the same manner, and that is a concern to pharmacists that provide medications to Assisted Living Facilities. She asked that the legislature be patient in allowing the parties to work through the unique issues surrounding return of medications from Assisted Living facilities. |
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MOTION: | Rep. Henbest made a motion to send HCR 17 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Kulczyk will sponsor the bill on the House Floor. |
UTILIZATION MANAGEMENT |
Alisa Axtmann, from the Department of Health and Welfare, discussed with the Committee the Department’s recent efforts regarding Utilization Management of Medicaid services in the Department of Health and Welfare. (See attached report). She gave a brief history of the Developmental Disability/Mental Health Service Delivery Project. She explained that pilot project was initiated in October of 2001 in Region II headquartered in Lewiston. The pilot addressed only developmentally disabled adults. A Quality Improvement Council and three subcommittees were established to advise the project team that was charged with developing the pilot. She further explained that a key component to the pilot was an Independent Assessment Provider (IAP), a proposal suggested by the Lewin Report, a study that made recommendations on ways to slow the growth of Medicaid expenditures. She stated that The Lewin Report suggested an independent statewide system to assure consistent assessments and service plans for developmentally disabled consumers. She claimed that the report emphasized the importance of keeping the client assessment separate from direct service providers. The report suggested there is a potential conflict of interest when the same provider assesses a client’s level of disability, develops a service plan to meet those needs and then provides the services. She explained that the pilot program was to conclude April 30, 2002, but at the direction of the legislature, the pilot was later extended to June 30, the end of the state fiscal year. Ms. Axtmann stated that the project used three general measurements to track the progress of the pilot. These include; consumer and service provider surveys to determine satisfaction with the pilot, expenditures for clients tracked, and a survey was conducted of the Quality Improvement Council and its subcommittees. She further explained that the project’s aim was not to control enrollment, but to better manage services by establishing an Independent Assessment Provider. She stated that there were 64 consumers in the pilot who had four years of continuous service history. She further stated that the total authorized cost was $2.3 million and the growth rate was 6 percent over the previous year. She explained that the independent research firm found that 69 percent of the consumers said the service plan was fair, 76 percent of the consumers said service plan staff provided quality service, and 78 percent of consumers said they are satisfied with the freedom to choose. Ms. Axtmann explained that the Department concluded from the pilot program that the IAP was critical to the success of the pilot, the UM business model demonstrated an opportunity to avoid high growth rate, consumers were satisfied, QI participants voiced strong support for the stakeholder process, and the Governor’s 2020 Talk Force recommends statewide implementation. |
In response to questions from Committee members, Ms. Axtmann stated that the Independent Assessment Provider would be a licensed social worker and that it would depend on the number of contracts as to how many IAP’s would have to be hired. |
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HCR 21: | Rep. Gagner presented this resolution to the Committee. He explained that the purpose of this resolution is to further establish a cost-effective Utilization Management Program for the Developmentally Disabled within the Department of Health and Welfare. He explained that the Department’s proposal has been held for the past two years because of the cost, but that the Department found $2.8 million to implement their Utilization Management program. He discussed the Medicaid Funding History(see attached) of the General Fund comparison of Medicaid to the State Budget. He also discussed the annual per person cost and institutions versus waivers costs. He concluded that waivers are the best bargain. He also provided to Committee members a copy of the Lewin Report which states that there needs to be a separation between the providers of services and the person assessing the services. Rep. Gagner also discussed a handout provided to Committee members entitled “Idaho’s Medicaid Program: Comparisons with other States”. He explained that Idaho spent less on vendor payments than any other neighboring states. He also discussed the removal of caps in 1999 of the waiver programs for the developmentally disabled and the explosion of costs associated with that removal. He also shared with Committee members a report on the Department’s Pilot plan written by Dr. Julie Fodor. He quoted the sentence from the report which states, “The notion that an Independent Contractor could effectively conduct the independent assessment portion of the project without extensive training and carefully planned communication systems in place appeared illogical.” He pointed out that the resolution calls for an annual review of the plan by the provider, consumer and support team in consultation with the Healthy Connections physician to evaluate outcomes from the services provided. He added that the Healthy Connections physician has the history and knowledge of the patient. |
In response to questions from Committee members, Bill Benkula stated that the goal of Healthy Connections is to have every Medicaid patient have a primary care physician and currently 68 percent of the Medicaid patients have primary care physicians. |
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Also in response to questions, Randy May, from the Department of Health and Welfare, stated that the Healthy Connections physicians would not have the expertise to administer long-term health care plans. |
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Rep. Gagner also discussed with the Committee a report from the Comprehensive Advocacy, Inc. prepared by Jim Baugh. The report analyzes the Department’s UM pilot project from the perspective of Idahoans with Disabilities and their families. He made the following points; the only date made available from the pilot was for 64 participants who had been receiving services since 1998 and this data shows that there is no correlation between SIB-R scores and costs of plans, even under the conditions of the pilot, and the individual’s circumstances are far more significant than skill level in determining the types, amounts and costs of services a person needs to stay in a community setting. |
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PRO: | Katherine Hansen, executive director of Community Partnerships of Idaho, spoke in support of HCR 21. She explained that due to the economic conditions and rising costs of Medicaid, it is imperative that the state develops an effective Utilization Management Plan. She further explained that the lessons learned in the pilot project in Region II should be applied to create a UM Plan that utilizes all that worked well in the pilot as well as all that works in the current system. The goal must be to create the most effective plan assuring that people get the right services at the right time in the right amount. She discussed with the Committee what the plan would accomplish which includes; utilizing several cost control mechanisms, supporting choice for consumers and including the Regional Health and Welfare staff in the Planning Meetings, development of service plans and the prior authorization of all services. The success of the plan requires that the Department work with providers, consumers, advocates and families to rewrite applicable rules and to define the objective standards. She then discussed each step in the resolution to achieve these results. (See attached). |
CON: | Randy May, from the Department of Health and Welfare, spoke in opposition to HCR 21. He outlined for Committee members specific concerns by the Department. He made following points: The Department has budgeted $1.5 million for client assessment, plan review, and plan authorization activities. He explained that the Department will spend this sum regardless of whether the pilot is implemented or the Resolution proposal is implemented. He further explained that the Department has not asked for additional FTE to support the Region II pilot expansion and the computer upgrades will be required to support several Department programs, not just the Adult DD Program. He further stated that the Department does not have sufficient staffing to allow the Department to attend planning meetings for all 3500 DD clients. To meet this requirement, the Department would require an additional 12 to 15 full time employees. He asked the Committee the following four questions; should the Department turn their back on advice of experts?, Who speaks for the taxpayers in the resolution?, Are we setting a precedent or opening a door that we don’t want to open?, and Will this resolution help strengthen the DD programs across the state? Mr. May stated that the objective assessments need to be uniformly applied across the state. |
In response to questions, Ms. Axtmann stated that it might take about two years for a Uniform Assessment Provider to understand and assess all services. |
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PRO: | Bill Benkula, president of the Idaho Association of Developmental Disabilities Agencies, spoke in support of HCR 21. He explained that the Association supports the resolutions proposal to assure that multiple assessments will allow for all of the various aspects of a person’s life health and safety. He stated that successful utilization management requires prior authorization. He further stated that the concept of an independent assessment provider to assure eligibility has no bearing on the Department’s ability to prior authorize. |
PRO: | Jim Whitaker, an operations manager for a provider that participated in the pilot program in Region II, spoke in support of HCR 21. He stated that he found no successes in the pilot program. One problem encountered was that there were lost or missing plans. He spoke of his personal experience with his brother who is developmentally |
PRO: | Debra Johnson, the Legislative Chairperson for the Board of Directors of Idaho Parents Unlimited, Inc., spoke in support of HCR 21. She made the following points; IPUL supports the resolution because it proposes a utilization management system that only uses the SIB-R or other standardized assessment to determine eligibility for services, it requires that the consumer’s budget of services be based on his/her individual support plan, it supports a more standardized process for service authorization, it includes the regional Department staff in the planning process, it utilizes existing providers to conduct the eligibility assessments, and it maximizes the Healthy Connections physicians referral and authorization process. |
PRO: | Kris Ellis, representing the Idaho Association of Developmentally Disabilities Agencies, spoke in support of HCR 21. She clarified the following points; the Lewin report discourages the Department from doing assessments, the goal is to have objective standards, there are administrative costs that cannot be determined with the Departments UM plan, and the rules would state how the objective standards would work. |
Tracy Warren, representing the Idaho Council on Developmental Disabilities, addressed the Committee. She stated that the Council does not have a position on HCR 21. She further stated that the Council supports a utilization management system in which the consumers’ services and budget are based on person-centered planning and not principally determined by their scores on the SIB-R; and the Council supports a utilization management system in which the consumer is protected from coercion and undue influence in assessment, plan development, and plan implementation. |
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Rep. Gagner summarized and made the following points; the Department originally asked for 80 full time employees to implement the UM plan and was turned down because of the cost involved, the legislature speaks for the taxpayers, consumer costs for the Developmentally Disabled have gone down, and interested parties can objectively sit down together to create an improved Utilization Management system as HCR 21 suggests. |
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MOTION: | Rep. Kulczyk made a motion to send HCR 21 to General Orders with Committee amendments attached. The advocates for the developmentally disabled wished to be included in the language of the resolution and requested the amendments(see attached). |
SUBSTITUTE MOTION: |
Rep. Henbest made a Substitute Motion to HOLD HCR 21 until time certain at the pleasure of the Chairman. She explained that there needs to be time for the interested parties to get together to take a serious look at Utilization Management. She further explained that this resolution still has not achieved the separation of services and there is no cost-containment in the resolution. |
After Committee discussion, the SUBSTITUTE MOTION failed on a voice vote. |
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ORIGINAL MOTION: |
The ORIGINAL MOTION to send HCR 21 to General Orders with Committee amendments passed on a voice vote. Rep. Henbest voted NAY. |
Chairman Sali provided to Committee members a copy of a letter from Sen. Brandt concerning the adult dental rule. He asked that the Committee review the options outlined in the letter. |
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ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 7:55 P.M. |
DATE: | February 20, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 2:45 P.M. | |
MOTION: | Rep. Kulczyk made a motion to approve the minutes of the February 18, 2003 meeting as submitted. On a voice vote, the motion carried. |
Chairman Sali discussed with the members a copy of a letter from Sen. Brandt regarding the Senate Health and Welfare Committee’s action on Medicaid’s adult dental rule. He explained that both the House and the Senate Committees approved the rule, but agrees with the Senate Health and Welfare Committee’s suggestion to direct the Department of Health and Welfare to reduce coverage for non-essential services in the children’s dental program in the area of orthodonture and to provide coverage for emergency dental services to adults with high risk conditions. Chairman Sali requested that Rep. Ring follow up with the Idaho Dental Association in providing to the public information regarding this issue. |
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Bill Southerland, president of ALMSA (Assisted Living Management Services of America), addressed the Committee. He explained that ALMSA provides both consultative services and software systems to owners and operators of residential and assisted living care facilities. He further explained that this management system uses the Internet as the medium for wide area networking, building a support network for owners, staff and residents and raising the level of accountability and communication. He stated that this system is cost effective and easy to use. He further stated that this system has been tested for about two years and is currently in use in 16 facilities. |
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H 203: | Rep. Henbest presented this bill to the Committee. She explained that the purpose of this legislation is to preserve the title of nurse. The title of “nurse” may only be used by a duly licensed person. She further explained that this legislation protects the title of nurse and helps to give more professionalism to the profession. She stated that the Board of Nursing was involved in the drafting of this bill. |
Kay Mannweiler, from the Attorney General’s Office, responded to questions from Committee members regarding the language in the bill stating the law does “prohibit unqualified and dishonest persons from practicing nursing.” She explained that this is existing language in Idaho Code and the Board of Nursing does not have any problem with it. |
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MOTION: | Rep. Ring made a motion to send H 203 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Henbest will sponsor the bill on the House Floor. |
H 160: | Kelly Buckland, president of the Idaho State Independent Living Council, presented this bill to the Committee. He explained that the purpose of this bill is to amend language that was not amended last legislative session regarding termination of parental rights for parents with disabilities. He further explained that the word “failure” is inserted in the language regarding discharging parental rights replacing the language “unable to discharge parental responsibilities because of mental illness or mental deficiency”. He explained that this legislation is supported by many organizations making up the group, Fathers and Mothers Independently Living with their Youth. The proposed amended language is supported by this group. |
MOTION: | Rep. Mitchell made a motion to send H 160 to the Floor with a DO PASS recommendation. |
CON: | Heather Reilly, Ada County deputy prosecutor, and representing the Idaho Prosecuting Attorney Association, spoke in opposition to H 160. She explained that parental rights should not be terminated because of mental illness or disability and these individuals should not be discriminated against. She further explained that the proposed amended language in the bill makes the section too broad and could give the state the right to terminate the parental rights of parents of latch key children or divorced parents. She stated that the prosecuting attorneys were invited to the meetings held by the FAMILY group drafting this legislation, but were unable to attend. She further stated that the prosecutors are willing to meet with Mr. Buckland to work out their concerns with this legislation. She also stated that each parental rights termination case should be treated individually and prosecutors think that the current statute is sufficient. |
Mr. Buckland responded to the concerns raised by Ms. Reilly. He stated that he is concerned with making any additional language changes when so many of other organizations have approved the specific language of this legislation. |
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Committee discussion followed in which the following points were made; there is concern that violations arising under subsection (d) of the bill would also be violations of the language in subsection (b), and the language amended in subsection (d) may actually lower the standard when the state will terminate parental rights. |
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SUBSTITUTE MOTION: |
Rep. Block made a Substitute Motion to HOLD H 160 to time certain, Friday, February 28th. |
PRO: | Leslie Goddard, director of the Human Rights Commission, spoke in support of H 160. She stated that this legislation supports the efforts to remove discrimination |
CON: | Cathleen MacGregor-Irby, Ada County deputy prosecutor who handles all of the county’s child termination cases, spoke in opposition to H 160. She explained that the present statute provides for the disabled and the proposed language change would take the teeth out of the prosecuting laws. She further explained that “failure” is less than “neglect” and the proposed legislation gives no standard by which to measure failure. |
PRO: | Ron Enright, representing the Idaho Council on Developmental Disabilities, spoke in support of H 160. He stated that the group that drafted this legislation did have attorney representation. |
PRO: | Cathy Sherman, an advocate for the disabled, spoke in support of H 160. She stated that this legislation would equal the playing field for those with disabilities and protects families and children. |
PRO: | Brenda Kotewa, a parent with disabilities, spoke in support of H 160. She stated that disabled parents should be held accountable for their parenting and treated equally. |
After Committee discussion, Ms. Reilly stated that if the bill is held for a week, she would commit to working with Mr. Buckland to work out concerns with H 160. |
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Mr. Buckland responded that he would do whatever needs to be done to work out the concerns raised. He stated that he is concerned about the support of the other groups that have signed on to this legislation and this bill already has compromise language. |
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SUBSTITUTE MOTION: |
On a voice vote, the Substitute Motion by Rep. Block to HOLD H 160 until time certain, Friday, February 28th, passed. |
Chairman Sali announced that H 201 and H 202 will considered together and the Committee will only send one of the bills out of Committee. He explained that the bills cover the same area and the Committee must choose which policy should be sent for consideration by the full House. He stated that both bills will be presented and no repeat testimony will be taken. |
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H 201: | Rep. Henbest presented this bill to the Committee. She explained that the purpose of this legislation is to direct the director of the Department of Health and Welfare to apply for a waiver of federal regulations to allow coverage under the Children’s Health Insurance Program to be expanded to include prenatal coverage for pregnant women who meet the program’s income qualifiers. She further explained that Medicaid is a health insurance benefit programs and Congress decides who gets what benefits and the rules can be bent if a waiver is applied for. Currently, three other states have received a waiver for this coverage. Pregnant women over the age of 19 and between 133 percent and 150 percent of the federal poverty level would be covered by this waiver. The benefits are similar to those of the Pregnant Women and Children coverage and the child born would be CHIP eligible. The Department of Health and Welfare estimates that there are |
Rep. Ring also presented this bill to the Committee. He provided a handout to Committee members outlining the differences between H 201 and H 202. (See attached). He explained the importance of post-partum care that would be covered for those eligible women in H 201. He stated that he felt H 201 is a far better bill than H 202. |
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In response to questions from Committee members, Kathleen Allyn, from the Department of Health and Welfare, clarified that the Pregnant Women and Children program could be expanded, but would have a different match rate than that of the CHIP program. |
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Committee discussion followed and the following points were clarified; ineligible aliens would be covered under H 202, it is difficult to determine the savings from post-partum care, a low-income pregnant woman with no prenatal care usually results in high-risk pregnancies, and it is difficult to separate care for the mother and the fetus. Rep. Henbest clarified that H 201 is not an attempt to raise the cap of the CHIP program and that the state will have to spend $1.3 million to expand the coverage. |
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Ms. Allyn stated that the cap of the CHIP program may have to be raised if either H 201 or H 202 passes. She was not sure what would happen if the $3.8 Million cap is exceeded, since that has not happened in the past. It was further clarified that H 201 covers fewer children than H 202. |
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Dr. Kevin Rich, representing the Family Practice Residency of Idaho, testified in support of H 201 and in opposition to H 202. (See attached testimony). He explained the importance of prenatal care, postpartum care and the adverse effects of not providing care for the low income pregnant women. |
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H 202: | David Ripley, executive director of Idaho Chooses Life, presented this bill to the Committee. He explained that the proposed legislation is brought before the Committee in order to strengthen the position of pre-born children in our state. He further explained that his organization believes that the legislation will enhance the depth and breadth of pre-natal care in the state. He stated that H 202 is sponsored by the Chairmen of both the Senate and House Health and Welfare Committees as well as Rep. McKague. He further stated that this legislation comes as a result of President Bush’s offer to expand federal CHIP benefits to unborn children. H 202 amends the powers of the Department of Health and Welfare to make it clear that the Department shall use the amended definition of “child” contained in the federal regulations to qualify pre-born children as eligible for benefits for the state’s CHIP program. The bill also directs the Department to amend the CHIP program so that the state can begin to offer extended services to children. He explained that the expansion of prenatal care will mean more healthy children. He stated that other states, after enacting legislation like H 201, had used CHIP monies to pay for abortions. He further explained that by offering this proposed legislation in H 202, more people would choose to give babies life instead of choosing abortion. |
Rep. Henbest stated that abortion is not the primary reason for H 201 and felt that Mr. Ripley’s comment was insulting, misleading and grossly inaccurate. |
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Mr. Ripley stated that H 201 would allow for the CHIP program to pay for abortions in some cases and cited examples from other states in which CHIP money was used for abortions. He also discussed the illegal alien issue and stated that when the baby is born, it would become a U.S. citizen. |
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Dr. Stacy Seyb testified PRO H 201 and CON H 202. (See written testimony). He explained that by extending the CHIP program to include the unborn child as the primary beneficiary, it would fail to provide adequate prenatal care to those babies who need and deserve it. He stated that it is his medical opinion that maternal health must be optimized for all babies. Finally, he cautioned against interpreting H202 as limiting benefits to the unborn baby because the health and welfare of a mother and her baby is so closely tied. |
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Mia Crosthwaite, representing the Roman Catholic Diocese of Boise, testified PRO H 202. (See written testimony). She stated that the Diocese is encouraged by the language in the bill that legally defines a child to include that time from conception to birth. |
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Dr. Angela Devitt, a family physician caring for both pregnant women and children, spoke in support of H 201 and in opposition to H 202. (See written testimony). She stated that she is opposed to H 202 because the manner in which it proposes to improve access to prenatal care sends the message that the pregnant woman is not vital to this process. |
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Kerry Uhlenkott, legislative coordinator for Right to Life of Idaho, testified in support of H 202. (See written testimony). She stated that H 202 will equally serve unborn children and their mothers, in the most immediate and straightforward way possible. |
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A letter was read from Dr. Suzanne Allen who was in support of H 201 and in opposition to H 202. (See attached letter). |
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Elizabeth Hickson spoke in support of H 202. She stated that the bill would cover immigrants and give dignity to women as well as the unborn child. |
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Dr. Lynn Kammermeyer, director of Program Services for the March of Dimes, spoke in support of H 201. (See written testimony). She stated that H 201 will allow the state to cover more income eligible pregnant women at less cost to the state than under Medicaid and will begin to address the need to cover prenatal care for those 56,000 women of childbearing age who are in need. |
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Bryan Fischer, senior pastor of Community Church of the Valley, spoke in support of H 202. (See written testimony). He explained that the pre-born is described as a baby with an already developed capacity to experience emotion. |
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Judy Cross, a nurse, testified in support of H 201 and in opposition to H 202. (See written testimony). She stated that H 201 will provide the mechanism to use CHIP directly to cover the care for the mother and infant, prenatally and during the crucial first two transitional months after delivery. |
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Kristen Uhlenkott, on the board of Hope Pregnancy Centers, spoke in support of H 202. She stated that the life of the child is crucial. |
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Daniel Rice, president of the United Brotherhood of Carpenters Union, spoke in support of H 201 and in opposition to H 202. He stated that H 201 supports family more and respects all life. |
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Linda Burch, a licensed clinical social worker, and president of the Idaho Chapter of the National Association of Social Workers, spoke in support of H 201 and in opposition to H 202. (See written testimony). She stated that a mother without coverage for postpartum medical care as proposed under H 202 may be forced to seek funding through the county welfare system. |
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Toni Lawson, from St. Alphonsus Hospital, spoke in support of H 201. | |
Mark Meuser, a law student, spoke in support of H 202 and in opposition to H 201. He explained that currently five other states have applied for a waiver to expand CHIP services, three of which have received the waiver. He stated that he is in opposition to H 201 because of the length of time it takes to obtain a waiver, which could be up to a year and a half. |
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Janet Satterwhite, a registered nurse and an associate professor in the Department of Nursing at Boise State University, testified in support of H 201 and in opposition to H 202. (See written testimony). She stated that acute or chronic disease or infection left untreated in the mother will result in infant death or morbidity in the form of severely premature or low birth weight infants. |
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Kathleen Allyn, deputy administrator for the Division of Medicaid for the Department of Health and Welfare, addressed the Committee. She stated that the Department has taken no position on either bill and that either bill may require an increase in State Fiscal Year 2004 of the General Fund appropriation of CHIP. Either bill will cause the state to max the funding of federal allotment for CHIP within the next five years. Ms. Allyn clarified that with the existing program, CHIP funding is within one-half million of the cap. |
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MOTION: | Rep. Mitchell made a motion to send H 201 to the Floor with a DO PASS recommendation. |
SUBSTITUTE MOTION: |
Rep. McGeachin made a Substitute Motion to send H 202 to the Floor with a DO PASS recommendation and to HOLD H 201 in Committee. |
Committee discussion followed with the following points made; it may take time to implement H 201, H 202 would support prenatal care for illegal aliens, H 201 provides postpartum care, and H 202 does not. |
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CALL FOR QUESTION: |
Rep. Mitchell called for the question to cut off debate and vote on the Substitute Motion. On a roll call vote, the call for the question failed by a vote of 6 AYES to 5 NAYS. Representatives Sali, Kulczyk, Garret, Eberle, McGeachin, and Nielsen voted AYE; Representatives Block, Ring Henbest, Martinez, and Mitchell voted NAY. |
Chairman Sali stated that if the motion passed, the fiscal impact statement of H 202 would need to be examined to make sure the impact is correctly stated. |
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CALL FOR QUESTION: |
Rep. Kulczyk called for the question to cut off debate and vote on the Substitute Motion. On a roll call vote, the call for the question passed by a vote of 10 AYES to 1 NAY. Representatives Sali, Block, Kulczyk, Garrett, Eberle, Ring, McGeachin, Nielsen, Henbest, and Mitchell voted AYE; Representative Martinez voted NAY. |
SUBSTITUTE MOTION: |
On a roll call vote, the Substitute Motion to send H 202 to the Floor with a DO PASS recommendation and to HOLD H 201 passed on a vote of 7 AYES and 4 NAYS. Representatives Sali, Block, Kulczyk, Garret, Eberle, McGeachin, Nielsen voted AYE; and Representatives Ring, Henbest, Martinez, and Mitchell voted NAY. Rep. Sali will sponsor the bill on the House Floor with Rep. McKague. |
ADJOURN: | There being no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 7:05 P.M. |
DATE: | February 24, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Rep. Mitchell |
GUESTS: | See attached list. |
Chairman Sali called the meeting to order at 2:20 P.M. He announced that the minutes of the February 20, 2003 meeting will be approved at the next Committee meeting. |
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H 213: | Jim Baugh, executive director of Comprehensive Advocacy, Inc., an advocacy group for people with disabilities, presented this bill to the Committee. He explained that this bill is designed to rewrite the portion of Idaho Code regarding involuntary sterilization for people with developmental disabilities. The current statute has been found unconstitutional by Idaho District Courts. He further explained that this bill would require courts to use criteria which meets constitutional standards for substantive and procedural due process. It also establishes a uniform procedure for the evaluation of the capacity of a person to give informed consent. For people who lack such capacity, this bill will give them an opportunity to access information about the procedure, it’s risks and benefits and to express their preferences. This bill would also give physicians and health care workers a clear legal authority for such procedures and protection from liability when they perform a surgery that meets the guidelines of the statute. Mr. Baugh gave a brief history of why the state has an involuntary sterilization law and the problems with the current law. (See attached). He also stated that he knows of no opposition to this bill and the bill is supported by various groups including the Idaho Medical Association, the Idaho Council on Developmental Disabilities, and the State Independent Living Council. |
MOTION: | Rep. Ring made a motion to send H 213 to the Floor with a DO PASS recommendation. |
Rep. Henbest discussed with the Committee a fax she had received from Mr. Allen Derr regarding concerns with the language dealing with petitions filed by the court outlined in H 213. She suggested a trailer bill could be written to address these concerns. |
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PRO: | Marty Durand, representing the Idaho Civil Liberties Union, testified in support of H 213. She stated that the ACLU supports reproductive freedom and protection of the rights of those with disabilities. |
PRO: | Kelly Buckland, executive director of the State Independent Living Council, stated that his council supports H 213. |
ORIGINAL MOTION: |
On a voice vote, the Original Motion by Rep. Ring to send H 213 to the Floor with a DO PASS recommendation, passed. Rep. Henbest will sponsor the bill on the House Floor. |
H 237: | Rep. Frances Field presented this bill to the Committee. She explained that this bill is necessary to adjust the schedule of controlled substances in Idaho to match schedule adjustments by the federal Drug Enforcement Administration. She further explained that the Board of Pharmacy currently has temporary rules in place implementing this change, and this bill would make those changes in statute. |
PRO: | Debbie Bennett testified in support of H 237. She explained to the Committee that she has cataplexy,a rare but debilitating complication stemming from the sleep disorder, narcolepsy. She further explained that Gamma hydroxybutyric acid, known commonly as GHB, has been approved by the FDA to be prescribed for her condition and has helped her 100 percent. She stated that when GHB was abused and used as a “date rape” drug, the schedule was increased and she could not obtain it for medical purposes. This bill would allow one pharmacy to dispense this medication under severe prescription restrictions and patient surveillance. |
MOTION: | Rep. Ring made a motion to send H 237 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Frances Field will sponsor the bill on the House Floor. |
H 199: | Ron Williams, representing the Idaho Athletic Trainers, presented this bill to the Committee. He explained that the purpose of this bill is to substitute “licensure” for “registration” regarding athletic trainers. It also contains much more specific definitions of an “athlete” and “athletic injury” and what the practice of “athletic training” means. He further explained that the board of Medicine drafted many of the key definitions in the bill, with substantial imput from other health provider organizations. He also stated that the Board of Medicine also drafted extensive provisions dealing with how the practice of “athletic training” can only occur under the watchful eye of a “directing physician” and only as allowed within a new “scope of practice” section. He further stated that the Board of Medicine drafted into this legislation and approved a provision prohibiting athletic trainers from operating an independent practice, thus insuring that athletic training will occur only under the watchful eye of a directing physician. He explained that this bill also streamlines and simplifies the licensing requirements for athletic trainers meeting the statutory qualifications. He further explained that Idaho athletic trainers now must take a national certification examination approved by the Board of Medicine, rather than a separate examination administered by the Board of Athletic Trainers. Educational standards are also raised from simply having a college degree, to having a four year degree that meets the “minimum athletic training curriculum” established by the Board of Medicine. |
PRO: | Tom Koto, an athletic trainer representing the Idaho Athletic Trainer Association, testified in support of H 199. He gave a brief history of the bill and explained that the original language of the statute regarding athletic trainers was established in 1989. He further explained that the Board of Medicine was recruited to help draft language to update the current statutes and the legislative intent language was written to ensure public safety and welfare. Mr. Koto then discussed the definition section of the bill, which defines “athlete”, “athletic injury” “athletic training”, and “directing physician”. He explained that the definition of “athlete” has been changed to more correctly identify the types of recreational athletes currently seen by athletic trainers. He further explained that this bill has been approved by the Board of Medicine. He also stated that 41 other states are currently regulating athletic trainers and most of the other states have similar education standards as proposed in the bill. |
In response to questions from Committee members, Mr. Williams explained that he would support trailer legislation to address the language that was deleted in the bill; “nothing herein shall be construed to require registration of elementary or secondary school teachers, coaches or authorized volunteers who do not hold themselves out the public as athletic trainers”. Chairman Sali explained that a trailer bill would have to be printed in a privileged committee and is subject to the passage of H 199. |
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CON: | James Kranz, a chiropractor, testified in opposition to H 199. He explained that his concern was that if this bill were to pass, he could not employ an athletic trainer in his office because chiropractors are not licensed by the Board of Medicine. He proposed amendments to the bill which would strike “registered by the board” in sentences in the bill outlining that athletic training would be under the direction of a designated Idaho licensed physician. Mr. Kranz stated that he had no problems with any other part of the bill. |
PRO: | Tamara Pascoe, president of the Idaho Athletic Trainers Association and an athletic trainer at Boise State University, spoke in support of H 199. She stated that this bill would ensure that the profession of athletic trainers would be protected and that the public would be protected. She further stated that standards need to be higher and need to be addressed in statute. |
CON: | Lynn Johnson, a physical therapist and an athletic trainer, spoke in opposition to H 199. (See attached testimony). He stated that he is opposed to specific sections of the bill but does support the intent. He explained that he is concerned that the definition of “athlete” in the bill is too broad and could be construed to include any living person that decides to get up and move for fun. He further explained that the term “designated Idaho licensed physician” is also too broad and gives a blanket license to compete directly with other health care providers. He is also concerned about the definition of “directing physician” is also too broad and could include any living, Idaho licensed medical physician. |
PRO: | Dr. Ron Pfeiffer, a professor of kinesiology at BSU and a registered athletic trainer, testified in support of H 199. He explained that he has no personal interest in the passage of this bill. He clarified the educational criteria for athletic trainers. He further explained that there is only one way to become an athletic trainer |
CON: | Jeremy Pisca, an attorney representing the Idaho Physical Therapy Association, spoke in opposition to H 199. He made the following points; a better definition is needed for “athlete”, a better definition is needed for “athletic injury”, no direction is given under the statute for the directing physician, and “independent practice” needs a better definition. He further explained that he is concerned that the legislation does not state what the four year degree should be in for qualification of licensure. Mr. Pisca stated that his Association was not able to reach a compromise with the Board of Medicine in the drafting of this bill. |
PRO: | Steve Gueber testified in support of H 199. He explained that his daughter is currently studying for a doctorate in kinesiology and recognizes that there has been a tremendous transition in this field. He further explained that this bill recognizes the professionalism of athletic trainers and not everyone can be happy with every legislation. He stated that the national licensing exam is very stringent and would be very difficult to pass without accredited education. |
CON: | Lorna Brown, a physical therapist representing the Idaho Physical Therapy Association, testified in opposition to H 199. She stated that she supports many aspects of the bill and also supports the professionalism of athletic trainers. He explained that her main concern is the broad definitions of “athlete” and “athletic injury” in the bill. She further explained that the athletic trainer does not have the training for the broad scope of injuries that could be incurred by those defined in the bill as athletes. She stated that current educational standards do not support the broader scope of practice. |
PRO: | Nancy Kerr, executive director of the Idaho State Board of Medicine, spoke in support of H 199. She explained that the Board has oversight of athletic trainers and that the Board would, by rule, more clearly define the scope of practice for athletic trainers. |
CON: | Brad Hoaglun, representing the Idaho Association of Chiropractic Physicians, testified in opposition to H 199. He stated that his Association is concerned about the language in the bill that states that athletic trainers can only be supervised by physicians who are licensed by the Board of Medicine. He explained that chiropractors are licensed by the Board of Occupational Licensing and would not be able to employ athletic trainers if this bill were to pass. |
PRO: | Linda Hammond, a physical therapist and athletic trainer, spoke in support of H 199. She stated that athletic trainers have better on-field skills and can better minimize damage than physical therapists. Physical therapists are better trained in diseases. She further stated that the physical therapist and athletic trainer can work well together and know when to refer back to the physician and rely on the physician’s expertise. |
CON: | Lynn Darrington, representing the Idaho Association of Health Plans, spoke in opposition to H 199. She explained that she is concerned with the definition of “directing |
Mr. Williams clarified the following points; it is possible for an athletic trainer to have more than one directing physician, the athletic trainer is doing what the physician directs them to do, and the directing physician is directly liable for the athletic trainer and oversees that practice. He further explained that his organization has negotiated in good faith with the physical therapists association and that this bill has generated a turf war between the two associations. He stated that the issue of the chiropractors needs to be addressed in possible trailer legislation. |
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MOTION: | Rep. McGeachin made a motion to send H 199 to the Floor with a DO PASS recommendation. |
SUBSTITUTE MOTION: |
Rep. Ring made a Substitute Motion to HOLD H 199 in Committee. |
Committee discussion followed and the following points were made; there is a niche for both physical therapists and athletic trainers, there is a turf war between the two professions, and there is confidence that the Board of Medicine will write the appropriate rules to define the scope of practice. |
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AMENDED SUBSTITUTE MOTION: |
Rep. Nielsen made an Amended Substitute Motion to HOLD H 199 until time certain at the pleasure of the Chair. Committee discussion followed and the following points were discussed; language needs to be cleaned up in the bill, a trailer bill may need to be drafted, both the athletic trainers and the physical therapists have had time to work things out, but need more time. |
ROLL CALL VOTE: |
On a roll call vote, the Amended Substitute Motion passed by a vote of 5 to 4. Representatives Kulczyk, Garrett, Eberle, Nielsen, and Henbest voted AYE. Representatives Block, Ring, McGeachin, and Martinez voted NAY. Rep. Mitchell was absent. |
ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 5:45 P.M. |
DATE: | February 26, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached sheet. |
Chairman Sali called the meeting to order at 2:25 P.M. | |
MOTION: | Rep. Eberle made a motion to approve the minutes of February 20, 2003 as submitted. On a voice vote, the motion carried. Rep. Henbest made a motion to approve the minutes of February 24, 2003 as submitted. On a voice vote, the motion carried. |
Rep. Eberle explained that he had received a request from one of his constituents to present their views on Idaho’s current vaccination law. |
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Ingri Cassel, president of the Vaccination Liberation group from northern Idaho, addressed the Committee. She explained that Idaho’s current immunization statutes allow for medical, religious and personal conviction exemptions from recommended vaccinations, although many people are unaware of this fact. She further explained that the other problem is that there are no penalties for violating this law, as well as no provisions for enforcing it. She stated that the Idaho Chapter of Vaccination Liberation receives personal testimonies weekly from Idaho residents who have been denied employment, threatened to be terminated, or have had their children refused at a daycare or school for refusal to vaccinate. She further stated that due to an increased awareness of the dangers inherent in vaccinations, many have opted to deal with the risk of getting the disease, which is treatable, rather than risk the possibility of dealing with a vaccine injury that is not treatable. Ms. Cassel requested that Committee members reexamine the current Idaho immunization statute. |
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Rep. Henbest stated that she felt it was unusual for the Committee to hear such a controversial view and asked that another side could be given an opportunity to speak to the Committee. Chairman Sali stated that any Committee member could request a presentation to be brought before the Committee and would invite them to do so. Rep. Eberle had requested that this presentation be given and Chairman Sali stated he had agreed to make time on the agenda. |
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Angie Vasquez, representing the Vaccination Liberation group in Burley, addressed the Committee. She explained that her infant daughter died because of a reaction to a vaccine. She further explained that parents should be told of the risks of vaccines |
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H 240: | Because he was the sponsor of the proposed legislation, Chairman Sali turned the meeting over to Vice-Chairman Block to chair the remainder of the meeting. |
Chairman Sali introduced Corissa Mueller who told of her experience that prompted him to offer changes to the current statute dealing with abandonment and neglect of children. Ms. Mueller explained that last August she pro-actively sought medical care for her infant daughter, Taige Mueller. Because the physician thought that there was a 5 percent chance that the baby could have spinal meningitis, he felt that the infant should be given antibiotics and a spinal tap. Ms. Mueller explained that she refused the treatment and as a result, police officers were called and her daughter was taken away from her and the procedures were performed without her permission. At a shelter care hearing, the judge dismissed the case. Ms. Mueller further explained that as a result of this incident, she has suffered tremendous emotional trauma. |
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Chairman Sali presented H 240 to the Committee. He explained that this proposed legislation revises the manner in which and the grounds on which a child may be removed for shelter care on an emergency basis. It also amends the language regarding how a court may order medical treatment against the wishes of a parent. It adds an objective standard for review, promotes protection of parental rights wherever possible and adds recognition of non-medical health care as a consideration by the judge. He further explained that the current Emergency Removal statute is vague and needs to be better clarified. He also explained that the proposed language change in the statute regarding the Authorization of Emergency Medical Treatment relates to three possible situations; when the parent is present, refuses treatment and has taken some action to injure the child, when the parent refuses medical treatment, but any reasonable person would agree that the child is at risk, and when the parent is not present and the child is at risk. Chairman Sali explained that the proposed language “all readily available evidence” should be taken into account by the judge when ordering treatment. H 240 would also have the judge take into consideration the grounds on which the parent is refusing treatment and the rights of the child. Definitions are clarified in the proposed legislation for “neglected” and “abused.” Chairman Sali explained that parental rights are intrinsic fundamental rights which pre-date the U.S. Constitution and must be protected. |
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CON: | Dr. Gary Walsh, an emergency physician from Caldwell, spoke in opposition to H 240. He explained that the onset of spinal meningitis could be rapid and in his view the standard of care is a spinal tap and antibiotics. He further explained that not doing the spinal tap and risking the possibility of the infant contracting the disease could create lifelong consequences. In response to questions from Committee members, Dr. Walsh explained that he would contact a hospital administrator if a parent refuses treatment for their child and that he has seen no adverse reactions to spinal taps in his 25 years of practice. |
PRO: | Eric Mueller, the father of Taige Mueller, the child described in the above incident, spoke in support of H 240. He stated that he did not feel that the law was followed in the situation with his daughter. He further stated that there are no checks and balances in the current law. He also stated that physicians are human and make mistakes. He referred to statistics regarding deaths that occur as a result of medical errors. |
CON: | Jean Fisher, deputy prosecutor for Ada County and representing the Idaho Prosecuting Attorney Association, spoke in opposition to H 240. She explained that the current law is not broken and parents rights are protected because a hearing will occur within 48 hours of a child being removed. She further explained that last year there was 300 cases of imminent danger in Ada County and due process was followed. She stated that the proposed legislation sets an impossible standard and that law enforcement officers have to make split second decisions and sometimes cannot know all of the relevant facts. She stated she was concerned that the police will be subject to too much liability with the proposed legislation. Ms. Fisher stated that the proposed legislation is complicated and would require a tremendous amount of interpretation. She further stated that if the proposed legislation were to pass, law enforcement will be told not to declare imminent danger. In response to questions from Committee members, Ms. Fisher clarified that since 2001 there have been 138 imminent danger cases filed and out of those cases, there have been 10 dismissals. |
CON: | Dr. Randy Cordle, representing the Idaho Medical Association, spoke in opposition to H 240. He explained that the first and foremost duty of the physician should be to the child and that sometimes that duty supersedes the rights of parents. He further explained that he talks to parents about the risks of procedures to parents. He stated that sometimes procedures cannot wait and the primary reason is to protect the child. In response to questions from the Committee, Dr. Cordle clarified that there are different standards followed in emergency rooms than in physician’s offices. He stated that there are both sides to every issue and felt that physicians have been attacked with no rebuttal and health care workers have been attacked with no rebuttal in the today’s Committee meeting. |
CON: | Patrick Calley, a lieutenant from the Ada County Sheriff’s Office, spoke in opposition to H 240. He stated that he felt that the incident discussed is an isolated incident and his concern that the proposed language change would alter the foundation upon which law enforcement bases their judgements for declaring imminent danger. He further stated that the bill would create confusion with the police to carry out emergency removal. Mr. Calley stated that he would sit at any table to see if improvements could be made to the proposed legislation. |
MOTION: | After Committee discussion, Rep. Eberle made a motion to adjourn the meeting. The motion failed on a roll call vote of 6 NAYS and 4 AYES. Representatives Kulczyk, Eberle, Ring and Henbest voted AYE. Representatives Block, Garrett, McGeachin, Nielsen, Martinez and Sali voted NAY. Rep. Mitchell was absent. |
CON: | Susan Hazelton, executive director of the Family Advocate Program, spoke in opposition to H 240. (See attached testimony). She stated that she is concerned with the proposed language stating that “all relevant information” is needed to determine imminent danger. She further felt that the proposed language “any reasonable person aware of all relevant facts” would restrict police in removing a child when abuse or neglect is suspected. |
CON: | Shirley Alexander, representing the Department of Health and Welfare, spoke in opposition to H 240. She explained that in 1997 it was determined that the rights of the parents were looked at before the rights of the child. She provided to Committee members a pamphlet entitled, “Care Enough to Call” which outlines when to call and report suspected cases of child abuse and neglect. She explained that if H 240 were to pass, it may reduce the number of abuse cases reported. She further explained that her main concern was that the proposed legislation may cause individuals to conduct preliminary investigations before contacting Child Protective Services. She stated that the parts of the statute should not be taken out of context and the whole statute should be looked at in its entirety. She further stated that the current statute works 99 percent of the time and focuses on the child. She explained that federal funds may be jeopardized if the state government says that parental rights are above the child’s rights. |
CON: | Tony Wallace, representing the Boise Police Department, testified in opposition to H 240. He stated that last year there were 2,400 cases of child abuse in Ada County and only 80 were cases of imminent danger. He further stated that if the proposed legislation were to pass, more children would be put at risk and police officers would be asked to meet impossible standards. |
CON: | Dr. Jerry Hirschfeld, representing the Idaho Chapter of Pediatricians and the Idaho Hospital Association, spoke in opposition to H 240. He explained that this statute was established to protect the rights of children and the proposed changes would change that focus to the rights of the parents. He further explained that hospitals have rigid guidelines to treat minor without the consent of the parents. He stated that approximately 20,000 children are seen annually in St. Luke’s emergency room and that only 2 or 3 times a year is imminent danger declared. He further stated that the primary responsibility of the physician is the care of the child and that consensus for treatment is reached 99 percent of the time with the parents. Dr. Hirschfeld stated that there are multiple facets to the incident discussed today and there is another side of the story. He further stated that the proposed language would put barriers for children to receive proper care. In response to questions from Committee members, Dr. Hirschfeld stated that not all customers are satisfied all the time and many factors are involved in any case in which a child is removed. |
CON: | Steve Millard, president of the Idaho Hospital Association, spoke in opposition to H 240. He stated that his association is opposed to this legislation for many of the same reasons already stated by other testifiers. He stated that every problem cannot be fixed and that the current statute seems to work well. |
CON: | Ken Diebert, administrator of the Division of Family and Community Services for the Department of Health and Welfare, spoke in opposition to H 240. He stated that his job is to protect the children of the state and the proposed legislation would not allow him to carry out his duties. |
PRO: | Angie Vasquez spoke in support of H 240. She stated that this bill is needed to protect those parents fighting for their kids and there is no current program designed for accountability. |
Chairman Sali thanked all of the participants in today’s meeting and stated that everyone is concerned about children. He stated that after hearing the testimony, it is clear that the current statute does not reflect what happens in real life. |
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Chairman Sali made an UNANIMOUS CONSENT REQUEST to HOLD H 240 in Committee to a time certain at the pleasure of the Chair. There were no objections. |
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ADJOURN: | There being no further business to be brought before the Committee, the Committee was adjourned at 7:10 P.M. |
DATE: | February 28, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:45 P.M. He announced that the minutes of the February 26, 2003 will be approved at the next Committee meeting. |
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Chairman Sali discussed with the Committee a letter written by four members of the Committee to the Speaker concerning their concerns regarding the hearing on February 20, 2003 on the debate between HB 201 and HB 202. (See attached letter). He explained that originally the Chief Clerk had indicated that she could not find anything in Mason’s Manual prohibiting the Committee’s action, however shortly before the Committee meeting she had given him a copy of Section 56 which states, “An important practical principle is that only one proposition can be considered at a time. It is the responsibility of the presiding officer to promote efficient consideration of business by permitting only one proposition to be considered at a time and to limit discussion to that one proposition.” While this section does not strictly prohibit the Committee’s action, It clearly indicates that the better way to deal with such matters is to handle bills and Motions on them one at a time. Chairman Sali explained that it was his intent from this time forward to consider bills one at a time. He further explained that it is inappropriate for the chair to make motions or debate, however the chair may ask questions of anyone testifying. |
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Rep. Henbest stated that she had never been on a Committee that has considered two bills at the same time and explained that she would not raise any procedural questions when H 202 is debated on the House Floor. |
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MOTION: | Rep. Mitchell made a motion to reconsider Committee action on HB 201. The motion failed by a show of hands. Chairman Sali then ruled that the failure of the motion will result in final action on HB 201 which will be that it will remain HELD in Committee. |
H 160: | Kelly Buckland, director of the State Independent Living Council, presented this bill to the Committee. He explained that the purpose of this legislation is to amend language that was not amended last legislative session regarding the law relating to termination of parental rights for parents with disabilities. Mr. Buckland further explained that he had held productive meetings with the prosecuting attorneys since the last Committee meeting regarding their concerns with the language in the bill.
He stated that a compromise has been reached and offered proposed |
MOTION: | Rep. Henbest made a motion to send H 160 to General Orders with Committee amendments attached. |
Committee discussion followed and Rep. Nielsen expressed his concern that the language in (d) is not needed because of the language in (b) which states, “The parent has neglected or abused the child.” He explained that by striking the words “because of mental illness or mental deficiency” in (d) it would allow for too much supposition. Rep. Henbest stated that she has seen how the system works and felt that the language would deal with the situation when a child is repeatedly placed in harm’s way. |
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CALL FOR THE QUESTION: |
Rep. Mitchell called for the question to cut off debate and vote on the Motion. On a roll call vote, the call for the question passed on a vote of 9 to 1. Representatives Kulczyk, Garrett, Eberle, Ring, McGeachin, Nielsen, Henbest, Martinez and Mitchell voted AYE. Rep. Block voted NAY. |
ORIGINAL MOTION: |
The Original Motion to send H 160 to General Orders with Committee amendments attached passed on a voice vote. Representatives Sali and Nielsen voted NAY. Rep. Henbest will sponsor the bill on the House Floor. |
H 15: | Roger Hales, representing the Bureau of Occupational Licensing, presented this bill to the Committee. He explained that the purpose of this bill is to strike the term “assisted living” and replace it with “care facility” throughout the act relating to residential care facility administrators. He further explained that it is a housekeeping bill and would cost approximately $3,000 to make the name change. He stated that this bill is an attempt to clean up old language and also allows for a provisional permit for residential care facility administrators for up to three months to make sure the facility has an administrator. He further stated that the Bureau of Occupational Licensing will promulgate rules for legislative review regarding this issue. Mr. Hales clarified that he had contacted the assisted living facilities association and that they were not opposed to the name change. |
MOTION: | Rep. Martinez made a motion to send H 15 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Mitchell will sponsor the bill on the House Floor. |
Rayola Jacobsen, bureau chief of the Bureau of Occupational Licensing, requested that the Committee HOLD H 10 and H 16. She explained that there have been many comments received regarding these bills and that the Bureau would like the opportunity to work with the interested parties. She further explained that H 10 was sent by the Business Committee to the House Floor, then was referred back to the Health and Welfare Committee because of concerns. She explained that H 16 deals with pastoral counseling. |
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MOTION: |
Rep. Kulczyk made a motion to HOLD H 10 in Committee. On a voice vote, the motion carried. |
MOTION: | Rep. Block made a motion to HOLD H 16 in Committee. On a voice vote, the motion carried. |
HCR 13: | Marilyn Sword, representing the Idaho Council on Developmental Disabilities, presented this resolution to the Committee. She explained that this resolution directs the Council of Developmental Disabilities to convene a task force to develop a Medicaid waiver that would permit up to 200 adults with developmental disabilities to choose a different way of receiving services. The services would be based on need as determined by a consumer-centered plan and would cost no more, on average, than the services for these 200 people cost now. Implementation of this model requires the Department of Health and Welfare to submit a waiver application to the federal Centers on Medicaid and Medicare. Ms. Sword explained that passage of this resolution is a statement of public policy by Idaho lawmakers that they support people with developmental disabilities by giving them the option of choosing the services and supports they need without increasing costs for services. She outlined the key elements of self-determination which include; individualized budgets, personal broker, fiscal intermediary, and choice of service providers. Ms. Sword explained that after meeting with the Department of Health and Welfare, compromise language has been drafted in the resolution. The language changes include inserting the words “following a legislative review” in the sentence, “..the Department of Health and welfare will submit such a waiver to the federal Centers on Medicaid and Medicare for approval”. Other changes include, striking “non-Medicaid” and replacing it with “traditional and non-traditional” providers; and inserting the words, “including cost analysis” shall be reported to the Legislature by January 15, 2004. |
MOTION: | Rep. Ring made a motion to send HCR 13 to General Orders with Committee amendments attached. |
PRO: | Kristan Cherbert spoke in support of HCR 13. She explained that she has used a waiver for the past six years and that a self-determination waiver would give her more dignity, more control over her services, and would allow her to set goals. |
PRO: | Katherine Hansen, executive director of community Partnerships of Idaho, spoke in support of HCR 13. (See attached testimony). She explained that she participated on the Idaho Task Force on Self-Determination. She stated that the ideas of choice, control and flexibility are taken to a new level in this waiver option. |
PRO: | Debra Johnson, representing Idaho Parents Unlimited, Inc., spoke in support of HCR 13. (See attached testimony). She explained that IPUL has long supported the concept of self-determination; individual and family choice; and the necessity of an effective array of service options and waivers to meet the needs of Idahoans with disabilities. She further stated that IPUL is ready to actively participate and provide input to the proposed task force. |
PRO: | Jim Baugh, executive director of CO-AD, an advocacy group for those with disabilities, testified in support of HCR 13. |
ORIGINAL MOTION: |
On a voice vote, the Original Motion to send HCR 13 to General Orders with Committee amendments attached, carried. Representatives Garrett and Sali will sponsor the resolution on the House Floor. |
Due to the absence of one of the self-advocates and supporter of HCR 13, Noll Garcia, Chairman Sali requested that Rep. Henbest send a letter to him informing him of the Committee’s action on HCR 13. |
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ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 2:45 P.M. |
DATE: | March 4, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Rep. Garrett |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:40 P.M. | |
MOTION: | Rep. Ring made a motion to approve the minutes of the February 26, 2003 meeting as submitted. On a voice vote, the motion carried. Rep. Henbest voted NAY. |
MOTION: | Rep. Henbest made a motion to approve the minutes of February 28, 2003 as submitted. On a voice vote, the motion carried. |
H 199: | Ron Williams, representing the Athletic Trainers Association, presented this bill to the Committee. He explained that after meeting with Jeremy Pisca, who represents the Idaho Physical Therapy Association, amendments were agreed to by both organizations. These amendments include; a more narrow definition of “athlete”, an amendment to the section of the bill that answers the concerns of the Committee regarding athletic trainers in the school settings and adds the language “this act shall not be construed as to require licensure by persons assisting in an emergency or in providing aid or service for which no fee for service is contemplated, charged or received, provided that the person providing the service or assisting in the emergency does not hold himself out as an athletic trainer.” Mr. Williams further explained that these proposed amendments have resulted in a level of peace with the physical therapists, but that there still are some concerns from that organization. He discussed the proposed amendments offered by the Chiropractor’s Association which would strike “registered by the board” to allow chiropractic physicians to continue to employ athletic trainers. Mr. Williams stated that he was concerned that if the amendment proposed by the Chiropractor’s were to pass, that the Board of Medicine would withdraw their support of the bill. He further stated that the athletic trainer’s would continue to work with the chiropractors and would possibly work on a trailer bill to address their concerns if H 199 passes. |
Jeremy Pisca, representing the Idaho Physical Therapy Association, addressed the Committee. He stated that he had met yesterday with Mr. Williams and the proposed amendment is language that his association could live with. |
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Brad Hoaglun, representing the Idaho Association of Chiropractic Physicians, addressed the Committee. He explained that his organization supports the licensure of athletic trainers, but proposed an additional amendment to the bill to strike “registered by the board” in the bill. He stated that adoption of these amendments will allow athletic trainers to work under the direction of any “designated Idaho licensed physician.” He further stated that if H 199 is signed into law with these amendments, the Board of Chiropractic Physicians and the Board of Medicine will be asked to develop a Memorandum of Understanding or other protocol to ensure consistent oversight by both boards on the work of athletic trainers. He also added that the Board of Medicine would retain jurisdiction over the rulemaking authority of athletic trainers. Mr. Hoaglun stated that the Board of Medicine required the language in the bill that states “registered by the board” and that if his organization’s amendment is not approved he felt that the Board of Medicine would not negotiate with the Board of Chiropractic Physicians. |
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Nancy Kerr, executive director of the Board of Medicine, addressed the Committee. She stated that the Board may not support H 199 with the proposed amendment by the Chiropractic Physicians. She stated that she felt that the proposed amendment was brought at the eleventh hour and was not sure of the span of authority. In response to questions from Committee members, Ms. Kerr stated that the Board of Medicine meets quarterly and is meeting this weekend and would discuss the proposed amendment by the Chiropractic Physicians. She further stated that she was not sure what stand the Board would take on the proposed amendment. Ms. Kerr also stated that the Board of Medicine has no control over Chiropractic Physicians and was not aware of any athletic trainers who are currently working with chiropractors. |
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Dr. James Kranz, a chiropractic physician, addressed the Committee. He explained that his association proposed an amendment to H 199 as soon as they reviewed the bill. He further explained that if there was a complaint about a chiropractic physician the Chiropractic Board would review the case. He stated that athletic trainers would still be governed by the Board of Medicine and that Chiropractic physicians can hire other health care professionals that are governed by different boards. Dr. Kranz explained that under the current law, chiropractic physicians can employ or direct assistants in their offices, but if H 199 were to pass, chiropractic physicians would not be able to employ athletic trainers in their offices. |
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In response to questions by Committee members, Mr. Pisca clarified that he was not sure if the physical therapists would object to the proposed amendment offered by the chiropractic physicians, some would care, some would not. |
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Also in response to questions from Committee members, Mr. Williams stated that the athletic trainers would like to work with chiropractic physicians, but suggested that the proposed amendment could be debated in the Senate Health and Welfare Committee. |
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Committee discussion followed and the following points were discussed; the Board of Medicine meets this weekend and could discuss the proposed amendment offered by the chiropractic physicians and if both amendments are attached to the bill, the Board of Medicine may not be supportive. |
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MOTION: | Rep. Ring made a motion to send H 199 to General Orders with the amendment proposed by the athletic trainers and physical therapy associations. |
SUBSTITUTE MOTION: |
Rep. Kulczyk made a Substitute Motion to send H 199 to General Orders with both sets of proposed amendments attached. |
AMENDED SUBSTITUTE MOTION: |
After Committee discussion, Rep. Nielsen made an Amended Substitute Motion to HOLD H 199 to time certain of Wednesday, March 12th. He explained that this would give the Board of Medicine time to meet and discuss the proposed amendment by the chiropractic physicians. |
Rep. Henbest stated that she has been licensed under two boards and that it is a complicated issue. She further stated that the Committee should go forward with the bill and that it may take some time to resolve the issue of the chiropractic physicians and the Board of Medicine. |
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CALL FOR THE QUESTION: |
Rep. Mitchell Called for the Question to cut off debate and vote on the Amended Substitute Motion. A roll call vote was taken, and the Call for the Question failed by a vote of 6 AYES, 4 NAYS, and 1 absent. A two-thirds majority is required for the question to pass. Representatives Kulczyk, Eberle, Ring, Henbest, Martinez, and Mitchell voted AYE. Representatives Block, McGeachin, Nielsen, and Sali voted NAY. |
AMENDED SUBSTITUTE MOTION: |
After further Committee discussion, on a voice vote the Amended Substitute Motion to HOLD H 199 to time certain of Wednesday, March 12th failed. |
SUBSTITUTE MOTION: |
On a voice vote, the Substitute Motion to send H 199 to General Orders with both sets of proposed amendments failed. |
ORIGINAL MOTION: |
On a voice vote, the Original Motion to send H 199 to General Orders with the amendment proposed by the athletic trainers and physical therapy associations carried. Rep. Kulczyk voted NAY. Rep. Ring will sponsor the bill on the House Floor. |
ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 2:55 P.M. |
DATE: | March 6, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, and Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Meeting was called to order by Chairman Sali at 1:40 p.m. Rep. Eberle made a motion to approve the minutes of the March 4, 2003 meeting; motion passed on voice vote. |
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H 167 | Chairman Sali called upon Kelly Buckland, Executive Director of the Idaho State Independent Living Council, (SILC), to provide an overview of H167. Mr. Buckland distributed a handout listing the numerous members of the FAMILY Coalition (Fathers and Mothers Independently Living with their Youth) who met numerous times over the past five years to work on this legislation. Included with this handout, was a letter of support from former Ada County Commissioner, Sharon Ullman. Also included was a letter from Patricia Tobias, Administrative Director for Idaho’s Supreme Court who indicated that the Supreme Court’s Children in Foster Care Committee had reviewed this legislation and suggested certain changes to alleviate concerns raised by committee members. The court cannot take a position on proposed legislation but their recommended changes have been incorporated into this bill. They do want to go on record stating that in 16-1602(24)(b) a list of causes for the failure of a parent or guardian to discharge their responsibilities, i.e. incarceration, hospitalization, or other physical or mental incapacity, has been stricken in favor of any failure on account of which the child lacks parental care. Chairman Sali called upon Jim Baugh to elaborate on FAMILY’s Mr. Baugh provided an overview of definitions in Section 2, 16-1602. In original language “failing” was used, but they prefer “demonstrating” that Prosecuting Attorney Assn felt that the word “failing” requires you to actually FAMILY Coalition would support original bill. |
CON | Ken Deibert, H&W Administrator for Division of Family and Community Services presented testimony opposing H16. Mr. Deibert has worked with the FAMILY Coalition and believes in the attributes of the bill. However, he has not seen the current language proposed until a few minutes before the Committee meeting. H&W’s concern is with the unfunded mandate. The fiscal impact of one million dollars is not included in the Governor’s maintenance budget and there is no latitude in current budget to accomplish this increase in services. H&W would not oppose this legislation if the fiscal impact was eliminated |
Mr. Buckland stated that it is not fair to the department nor to parents with disabilities to put into place a program that is not funded. It puts the department in a bad position and creates a hollow promise for parents. Discriminatory language could be eliminated with some protections for parents built in; service provisions / assessments could be stricken to leave zero fiscal impact. |
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PRO | Diane Strunk, parent with a disability, spoke in favor of H167. She feels current language is discriminatory; the burden should be on the state to prove a parent is not providing for their children, rather than stating the parent is incapable because they have a disability. |
PRO | Jeanne Coyl testified in support of H167. She feels this is good legislation and recommends that the Committee send it to the floor. |
PRO | Andrea Leads, NASW, testified in support of H167. She has been a Guardian Ad Litem and has advocated for children in foster care. In her experiences, this legislation is warranted. |
CON | Shirley Alexander, H&W Child Welfare Program Manager, provided testimony opposed to H167 primarily due to unfunded mandate. Her other concern is in the language requiring additional “expertise” when deciding these cases. She stated that the department in currently making reasonable efforts; what is the time frame for when supportive services are concluded? |
PRO | Marilyn Sword, Executive Director for Developmental Disabilities Council provided testimony in support of H167. This is “pro-family” legislation. It maintains the highest regard for the welfare of the child. It does not exempt a neglectful or abusive parent from the law, but it does give them equal footing with other parents in consideration before the court. It gives them the opportunity to present evidence as to their ability to parent and the supports or equipment that they need to do so. These changes do not allow a child to remain in an unsafe setting if the parent is not able (with assistance) or willing to adequately fulfill their parenting responsibilities. |
CON | Michael Crawford, Deputy Prosecuting Attorney for Elmore County provided testimony opposing H167. He has worked with child protection issues for five years; 3 ½ as a Public Defender in Canyon County representing parents and children as a Guardian Ad-Litum Attorney in child protection cases. The last year and a half has prosecuted these cases thus seeing both sides of this issue. He is opposed to the definition of “neglect” in 16-1602 subsection b on blue sheet. He would like to eliminate this section in its entirety. In 16-1608 subsection c is not necessary. Subsection f is his biggest concern. There is no provision in the proposed statute for how determination of disability is made. Is there to be a separate hearing? If that is not plead in original petition by Prosecuting Attorney or Deputy Attorney General then how is that determination to come to attention of the court? The determination in section 6 seems to require the court or department to micro-manage these cases. The eight Magistrates that Mr. Crawford has worked under feel they are not there to micro-manage these cases. That’s what social workers are there for. Mr. Crawford proposed that language under Sub-section 6 be transferred to 16-1609, Investigation by Multi-disciplinary Teams. Copies of his proposed text was distributed to committee members. |
PRO | Mike Keithly, Chair, State Independent Living Council, spoke in favor of H167. As a member of FAMILY, Mr. Keithly feels this legislation removes discriminatory language and secures the rights of parents with a disability to keep their children. |
PRO | Kim Steinberg, representing herself as a parent with a disability spoke in favor of H167. Ms Steinberg had her children taken after a diagnosis of a disability but through resources has been able to care for her family. Other parents don’t have the resources she had available. In all the FAMILY meetings she has attended, she never heard H&W raise concerns about the definition of a disability and that parents with disabilities were receiving a higher standard. This is important legislation. Please pass H167. |
PRO | Camaron Ball, a 16 year-old child of a parent with a disability spoke in favor of H167. At age 3, Mr. Ball found out that his mother had broken her neck and would be in a wheel chair the rest of her life. Through adaptive means, she was able to raise her two children and be active in their lives. Mr. Ball read a poem to the committee regarding his appreciation of his mother. |
PRO | Brenda Kotewa, who represents parents with disabilities and is also a parent with a disability herself, spoke in favor of H167. She went through many struggles when she became a parent, but with supportive and adaptive services, she was and continues to parent her child safely. Ms. Kotewa described to the Committee the adaptive equipment and services she used. |
PRO | Bobby Ball, parent with a disability, spoke in favor of H167. She feels the department can find the funding and has the responsibility and ability to do so. This legislation is important. |
PRO | Kim Kane, Executive Director United Cerebral Palsy, spoke on behalf of Ron Seiler who is in favor of H167.Mr. Seiler is the Project Director for the Idaho Assistive Technology Project at the Center on Disabilities and Human Development at the University of Idaho. Ms Kane read a letter from Mr. Seiler describing assistive technology devices, parenting devices, and technology purchased by the disabled. There are over 20,000 devices currently in the marketplace designed to help persons with disabilities. Ms Kane distributed copies of Mr. Seiler’s power point presentation. |
PRO | Roger Howard, Director Living Independent Network, spoke in favor of H167. LINC has three centers in the state, Pocatello/Idaho Falls and the Panhandle. The centers are private non-profit centers. They provide a wide variety of services which enable parents to maintain their independence. They currently help to organize and coordinate existing resources; a lot of these services already exist. These centers have the expertise and possible resources to assist families. |
PRO | Bob Aldridge, a Member of the Committee representing Taxation & Probate Trust Section of the Idaho State Bar spoke in favor of H167. Mr. Aldridge was their legislative chairman for 14 years and has practiced law in Idaho for 33 years. He has written hundreds of bills and laws and is always concerned if bills can be carried out in the real world. Feels this committee needs to get this legislation out; we are currently pulling families apart. We owe the duty to at least get fundamental due process protection for parents with disabilities. There is money from outside resources that can flow in to assist the state; the state just has to show reasonable effort. |
CON | Heather Riley, Id Prosecuting Attorney’s Association representative spoke against the current proposed blue sheet amendments from the FAMILY Coalition. The association supports removing discriminatory language, but has concerns with amendments in the blue sheet. Has concerns about the definition of neglect. ” demonstrating” is better than “failing”, but is still not the right language. How do you prove what is “demonstrated”? This may put children at risk. She takes issue with definition of neglect.; prefers custodian is “unable” language as it relates to neglect. |
PRO | Marty Durand, representing the American Civil Liberties Union of Idaho spoke in favor of H167. Ms Durand, who is a former Prosecuting Attorney and Public Defender, has represented children, parents and the state in child protection cases. This legislation takes a big step in confronting the discriminatory treatment of parents with disabilities. The state cannot interfere without compelling reasons. Protecting children from abuse and neglect is a compelling reason, but discrimination of a parent with a disability in and of itself, is not a compelling reason. This legislation carefully requires the disability to be considered in context of available support. The goal of the state should be to keep families intact. Removing discrimination language is not easy, and might increase the work load for prosectors but it is important legislation. Please pass this legislation. |
Committee discussion took place regarding the million dollar fiscal impact. Mr. Buckland indicated that his figures showed less than this amount but consensus from committee members was that with the current budget problems there would be no way to get the bill passed unless FAMILY was willing to take out the fiscal |
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MOTION: | Rep. Mitchell made a motion to send H 167 (as originally printed) to General Orders with his attached amendments. |
SUBSTITUTE MOTION: |
Rep. Henbest made a Substitute Motion to send H 167 to General Orders with Rep Mitchell’s amendments with the change in “Amendment to Section 2, page 4, line 12 of his amendments” where the verbiage should read “unable” instead of “demonstrating the inability”; deleting “because of incarceration, hospitalization, or other physical or mental incapacity” as in original bill; and in line 15 strike out “such failure” and insert “inability”. |
AMENDED SUBSTITUTE MOTION: |
Rep Sali made an Amended Substitute Motion to send H167 to General Orders with Rep Mitchells amendments with the exception on page 4, line 12 leaving the existing statute language – which would read “Whose parents, guardian or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity.” Delete remaining part of line 14, 15 and 16. |
Rep McGeachin questioned in SOP and fiscal impact would need to change as a result of the motion. Rep Sali indicated there was no need to change the SOP until amendments are approved by the Committee of the Whole. At that time it is the obligation of the Committee to make sure that an appropriate SOP and fiscal statement accompanies the bill. |
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ROLL CALL VOTE ON AMENDED SUBSTITUTE MOTION |
On a roll call vote, the Amended Substitute Motion failed by a vote of 4 to 7. Representatives Block, Kulczyk, Garrett, Ring, Henbest, Martinez and Mitchell, voted NAY. Representatives Eberle, McGeachin, Nielsen and Sali, voted AYE. |
ROLL CALL VOTE ON SUBSTITUTE MOTION |
On a roll call vote, the Substitute Motion passed by a vote of 9 to 2. Representatives Block, Kulczyk, Garrett, Eberle, Ring, McGeachin, Henbest, Martinez and Mitchell, voted AYE. Representatives Nielsen and Sali voted NAY. |
H 160 |
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MOTION | Rep Nielsen made a Motion to hold H160 in Committee. |
SUBSTITUTE MOTION |
Rep Henbest made a Substitute Motion to send H160 to General Orders with amendments. The amendments are on page 1, in line 24, section d, to put back the word “unable”, and delete “failing” and in line 26 take out “such a failure” and put in “inability”. |
MOTION TO CLOSE DEBATE |
Rep Martinez made a Motion to Call for the Question. |
ROLL CALL VOTE TO CLOSE DEBATE |
Roll Call vote to Close Debate on H160 passed by a vote of 7 to 3. Representatives Block, Kulczyk, Garrett, Ring, McGeachin, Henbest, and Martinez, voted AYE. Representatives Eberle, Nielsen and Sali voted NAY. Representative Mitchell was absent. |
SUBSTITUTE MOTION |
On a roll call vote, the Substitute Motion passed by a vote of 6 to 4. Representatives Block, Garrett, Eberle, Ring, Henbest, and Martinez voted AYE. Representatives Kulczyk, McGeachin, Nielsen and Sali voted NAY. Representative Mitchell was absent. |
ADJOURN | There being no further business to come before the committee, the meeting was adjourned at 5:20 p.m. |
DATE: | March 10, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached sheet. |
Chairman Sali called the meeting to order at 2:30 P.M. He announced that the minutes of the March 6, 2003 meeting will be approved at the next Committee meeting. |
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SB 168: | Mike Sheeley, executive director of the Idaho Board of Dentistry, presented this bill to the Committee. He explained that the purpose of this bill is to bring the Board of Dentistry’s licensing examination statutes into step with actual practice. He further explained that this is accomplished by specifically stating that the Board of Dentistry may accept the examination results of regional and national testing organizations for licensing purpose and that the regional and national testing organizations will establish the standards for passing the examinations they administer. Mr. Sheeley stated that the proposed changes to the Board of Dentistry’s examination statute do not place any additional costs or examination requirements upon an applicant for licensure. He further stated that the proposed legislation would not cause any additional fiscal impact upon an applicant or the Board of Dentistry. The examinations currently required of an applicant by the Board will not change. He explained that the Board of Dentistry’s ability to administer the examination requirements of the Idaho Dental Practice Act will be greatly enhanced by the proposed legislation. |
MOTION: | Rep. Mitchell made a motion to send SB 168 to the Floor with a DO PASS recommendation. On a voice vote, the motion passed. Rep. Block will sponsor the bill on the House Floor. |
SB 1073: | Terri Meyer, Chief of the Bureau of Child Support Operations with the Department of Health and Welfare, presented this bill to the Committee. She explained that federal law requires that the state of Idaho begin using the National Medical Support Notice (NMSN). The NMSN is a standardized federal form that will provide information and a standardized procedure to employers and administrators of group health plans in obtaining medical support for Idaho’s children. She stated that last year the child support program administered over 76,000 cases and collected and distributed over $100 million. She further stated that getting and keeping health care coverage for children, as the Department is currently doing it, is complicated and resource-intensive for everyone involved. There are no consistent procedures to follow, and the process can be |
In response to questions from Committee members, Ms. Meyer stated that currently in one- third of the child support cases the child lives in another state. |
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MOTION: | Rep. Nielsen made a motion to recess the Committee meeting until 5 P.M. because several of the members had a meeting with the Governor. On a voice vote, the motion failed. |
The following points were discussed by Committee members, child support orders are entered by a court and the proposed legislation could apply to college students up to the age of 23. |
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Ms. Meyer explained that the fiscal impact on the proposed legislation needs to be changed to reflect current numbers. The first year the estimated cost was $60,000 now changed to $36,000 and each year thereafter is changed from $45,000 to $20,000. |
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Lyn Darrington, representing Blue Shield, clarified that those who can submit claims in the proposed legislation are identical to the current federal language. |
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MOTION: | Rep. Henbest made a motion to send SB 1073 to General Orders with Committee amendments attached. |
SUBSTITUTE MOTION: |
Rep. Kulczyk made a Substitute Motion to HOLD SB 1073 in Committee. He explained that the employer is not protected in the bill. |
Committee discussion followed with the following points discussed, if the proposed legislation does not pass, more kids will be on Medicaid or CHIPS for medical coverage and employers are currently required to provide health coverage, but every state is different and the proposed legislation would standardize all states. |
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AMENDED SUBSTITUTE MOTION: |
Rep. Block made an Amended Substitute Motion to refer SB 1073 to the Business Committee. She explained that because the proposed legislation deals with insurance issues, it would be better handled by the Business Committee. Chairman Sali explained that whatever action is taken by the Business Committee, SB 1073 would not come back to the Health and Welfare Committee. On a voice vote, the motion carried. |
ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 3:25 P.M. |
DATE: | March 12, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list. |
Vice-Chairman Block called the meeting to order at 3:10 P.M. | |
MOTION: | Rep. Henbest made a motion to approve the minutes of March 6, 2003 as submitted. On a voice vote, the motion carried. |
MOTION: | Rep. Henbest made a motion to approve the minutes of March 10, 2003 as submitted. On a voice vote, the motion carried. |
H 17: | Rayola Jacobsen, chief of the Bureau of Occupational Licensing, presented this bill to the Committee. She explained that the proposed legislation clarifies the exemption language for chiropractic physicians and increases the cap for renewal fees and examination fees from $100 to $150. She further explained that amendments are being proposed to the bill to spell out the referenced sections of the Code that deals with exemptions. She also stated that the exemptions specifically remove the religious exemption to address the problem of unlicenced chiropractic physicians practicing in the state using the religious exemption. Ms. Jacobsen stated that the proposed legislation closes the loophole in the statute that deals with this exemption. |
MOTION: | Rep. Ring made a motion to send H 17 to General Orders with Committee amendments attached. |
PRO: | Brad Hoaglun, representing the Association of Chiropractic Physicians, spoke in favor of H 17 and the motion by Rep. Ring. He stated that the Association approves of the proposed amendment and does not oppose the proposed cap on fees. |
ORIGINAL MOTION: |
On a voice vote, the motion to send H 17 to General Orders with Committee amendments attached, carried. Rep. Eberle will sponsor the bill on the House Floor. |
S 1074: | Richard Schultz, administrator of the Division of Health for the Department of Health and Welfare, presented this bill to the Committee. He explained that when the sections of Idaho Code relating to the |
MOTION: | Rep. Henbest made a motion to send S 1074 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Henbest will sponsor the bill on the House Floor. |
H 202: | Rep. Sali presented this bill to the Committee. He explained that since the Committee took action on H 202, there has been a great deal of discussion of the fiscal impact. He further explained that the projections have varied greatly. He stated that he has proposed amendments to the bill and would like to send H 202 to General Orders with the proposed amendments. He provided to Committee members a handout outlining the groups that would be affected and the kind and cost of proposed prenatal care. (See attached). He explained that an approximate total of 1,770 mothers would be affected by the proposed legislation and that there would be an approximate cost of $1,480,000. He added that the following services would be provided; vitamins, limited medications, limited ultrasounds, lab services and post partum care. Additionally, two full-time positions would be added to the Department of Health and Welfare to administer this program at a cost of approximately $110,000. Rep. Sali then discussed the high costs of Neonatal Intensive Care Units that could be avoided with proper prenatal care. Currently, over $1.7 Million is spent for NICU care. With the proposed legislation, there would be a net savings of approximately $114,000. He explained that he has proposed the legislative intent language to try to avoid runaway costs. He further explained that delivery services would not be paid for under the proposed amendments to the legislation, and currently these services are not being paid for by the Medicaid or CHIP program. He stated that because the legislation would be a separate program from Medicaid, additional restrictions could be applied. |
In response to questions from Committee members, Rep. Sali clarified that he was not sure if the Secretary of Health and Human Services would approve of the proposed legislation, but that something needs to be done to help avoid the high NICU costs. |
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Also in response to questions from Committee members, Kathleen Allyn from the Department of Health and Welfare stated that because the proposed legislation would be a new program, new rules could apply. She further stated that she was not sure about the proposed manual record keeping and added that it would be difficult to do a statistical analysis of the program if manual record keeping was done. She explained that the state is required to have a unique identifier assigned to individual clients before they can receive services. She further explained that she did not know if additional full time employees would have to be hired to administer the proposed legislation and has not had time to do an analysis. |
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Rep. Sali explained that under a proposal by the Department, about 10% of the total positions at the Department will be eliminated with the implementation of the ’04 budget cutbacks and he felt that it may be wise to include amounts for two additional full time employees so that the department would not be caught short in trying to implement the proposed legislation. In response to questions, Rep. Sali stated that the proposed 10% of medications and ultrasounds in the legislation is within the acceptable range after talking with an OB/GYN physician who treats Medicaid patients. He further stated that delivery services were left out of the proposed legislation because of the high cost of between $6 and $9 million annually. |
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Committee discussion followed with the following points made; physicians could be liable for law suits if ultrasounds are not done, there is concern about the lack of delivery services offered, concern about the access problem for Medicaid and CHIP patients, and the concern over whether or not the Secretary of Health and Human Services will approve the plan set out in the proposed legislation. |
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MOTION: | Rep. Henbest made a motion to HOLD H 202 in Committee and send a letter from the Committee to the Department of Health and Welfare to express interest in this concept and also write a letter to Health and Human Services to see if this program could be implemented. |
Rep. Ring stated that he had talked to several physicians in the Boise area and there was concern about a physician providing prenatal care to Medicaid patients without also providing delivery care. He felt that it would be better to pay for full care for as many women as the budget would allow and when the money ran out the remaining women could just wait “until next year.” |
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Rep. Sali clarified that an additional appropriation of 1.8% was added in the proposed legislation to allow for population growth. |
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SUBSTITUTE MOTION: |
After lengthy Committee discussion, Rep. Kulczyk made a Substitute Motion to send H 202 to General Orders with Committee amendments attached. |
AMENDED SUBSTITUTE MOTION: |
Rep. Sali made an Amended Substitute Motion to send H 202 to General Orders with the specific additional Committee amendments discussed. (See attached). |
After Committee discussion, Rep. Sali amended his motion to include in his motion adding the words “up to” in the sentences in the legislative intent language which deals with raising the expenditure cap each year 1.8% for population growth. |
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Rep. Sali stated that he had spent many hours on the proposed legislation and had tried to address the concerns of Committee members and others. |
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ROLL CALL VOTE: |
The Amended Substitute Motion by Rep. Sali to send H 202 to General Orders with specific amendments attached carried on a vote of 6 to 5. Representatives Block, Kulczyk, Eberle, McGeachin, Nielsen, and Sali voted AYE. Representatives Garrett, Ring, Henbest, Martinez, and Mitchell voted NAY. |
ADJOURN: | There being no further business to be brought before the Committee, Vice-Chairman Block adjourned the meeting at 4:50 P.M. |
DATE: | March 14, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached sheet. |
Vice-Chairman Block called the meeting to order at 2:15 P.M. She announced that the minutes of the March 12, 2003 meeting will be approved at the next Committee meeting. |
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H 240: | Chairman Sali presented this bill to the Committee. He explained that it was his intent to propose amendments to this bill which would amend sections 16-1612 and 16-1616 dealing with emergency removal and authorization of emergency medical treatment and delete the other sections of the proposed legislation. He outlined the proposed amendments for the Committee members. In section 16-1612 of the bill; the proposed amended language includes, “In cases where endangerment of a child is claimed to arise from refusal of medical care by a parent, legal guardian or custodian, the provisions of section 1616 of this chapter shall apply and, prior to removal of a child , every effort shall be made to contact a court.” In section 16-1616 of H 240 amended language includes if a parent or guardian refuses treatment, the physician has to contact the court, a parent or guardian may request a second opinion, and a judge can consider alternative treatments. |
Chairman Sali responded to an Attorney General’s Opinion Letter from Jody Carpenter, Deputy Attorney General regarding H 240. (See attached) He explained that he had not had a chance to review the opinion, but understood that H 240 does not violate federal law if the proposed amendments are added. |
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PRO: | Corissa Mueller parent of a child who was taken from her custody for refusing medical treatment, spoke in support of H 240. She explained that she was treated like a criminal and did not have custody of her child for two days. She further explained that the physician did not treat her child for over three hours after the initial diagnosis. She stated that it cost $1,400 in legal fees to regain custody of her child and another $5,000 for hospital treatments that she did not want for her child. |
CON: | Dr. Richard Roberge, a retired obstetrician, testified in opposition to H 240. He discussed several diseases that left untreated for forty-eight hours can cause death. He also shared the story of his daughter who had spinal meningitis and was successfully treated. He stated that even with the proposed amendments, H 240 does not allow a physician to act in emergency situations. |
PRO: | Dr. Tim Dudley, a chiropractic physician, testified in support of H 240. He explained that paradigms change and it is dangerous to make decisions on one paradigm. He further explained that voice on both sides of a “medical” emergency need to be heard. |
CON: | Ken Deibert, administrator of Family and Community Services for the Department of Health and Welfare, spoke in opposition to H 240. He stated that he was concerned with the proposed amendments because he did not have an opportunity to review them. He further stated that the current child protection law was crafted with many different agencies involved and that any revisions to it should also include input from all interested parties. |
PRO: | Dr. Karen Erickson, a naturopathic physician and primary health care provider, spoke in support of H 240. She explained that she was the referring physician for the Mueller’s. She stated that it is frustrating that the current child protection law is not being followed and that the current practice of the state is an obstacle for parents who want a choice in their health care. |
CON: | Jean Fisher, an Ada County Prosecutor, testified in opposition to H 240. She explained that she is not representing the Association of Ada County Prosecutors. She stated that she has concerns with the proposed amendments to the bill. She explained that the standards have changed with the proposed amendments and in small counties it would be difficult to obtain a second opinion from a physician for medical treatment. She further explained that she was concerned about the lack of a definition of “physician” in the proposed legislation. She state that the bad facts the Committee has heard should not be used to make bad laws. |
PRO: | David Snyder, a pastor, spoke in support of H 240. He explained that no person or state agency should encroach on parental rights. He further explained that the proposed legislation provides for checks and balances for hospitals, physicians, and police and makes everyone accountable for their decisions. |
CON: | Jody Carpenter, deputy Attorney General for the Department of Health and Welfare, spoke in opposition to H 240. She explained that she had not seen the proposed amendments. She stated that she had the following concerns; the Department of Health and Welfare’s federal funding could be put at risk by the proposed legislation and she is concerned about the definition of “physician”. She further stated that there is nothing wrong with the current child protection law, but that there appears to be a problem where people did not follow the law with the Mueller’s. |
PRO: | Eric Mueller, father of the child who was taken from their custody for refusal to accept medical treatment, spoke in support of H 240. He explained that since the incident with his daughter, he has researched the medical risks present at hospitals. He stated that there are approximately 12,000 deaths per year at hospitals and there is a 10% chance of being given the wrong medication in hospital emergency rooms. |
PRO: |
Sarah Anderson spoke in support of H 240. She shared her experience with her son in an emergency room. She explained that the physician discouraged her from leaving without treatment and when she tried to leave the police were called. She was allowed to take her son home, but received a visit from Child Protective Service the next day. |
PRO: | David Anderson spoke in support of H 240. He explained that parents have inalienable rights that cannot be taken away without due process. |
PRO: | Chris Melgaard, spoke in support of H 240. He explained that currently doctors and prosecutors are not acting properly within the child protection law and that the truth can get twisted. He further explained that he felt that in section 1612 the word “injury” in the proposed legislation should be changed to “abuse.” |
PRO: | Dr. Craig Ellison, a chiropractic physician, testified in support of H 240. He stated that the medical profession is not perfect and that people should have the freedom to choose what kind of health care they want. |
PRO: | Dr. Katherine Zigler, a chiropractic physician, testified in support of H 240. She stated that there is an appropriate time for medical intervention. |
Vice-Chairman Block asked that those who testify limit their testimony to the proposed legislation and refrain from making statements that could be perceived as personal attacks. |
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PRO: | Dr. Greg Ferch, a chiropractic physician, testified in support of H 240. He explained that he has had experience in hospital emergency rooms and has seen the good and the bad. He further explained that health care is not a perfect science. |
In response to questions from Committee members, Ms. Carpenter stated that the statute as it now stands, addresses parental rights. She further stated that the proposed legislation could allow for child abuse and that the current statute is set up to target those that abuse children. She said that the proposed legislation does not improve the law. |
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In response to questions from Committee members, Ms. Fisher stated that she would like to see the term “medical treatment” changed to “medical care” in the proposed amendments. She further stated that the majority of child abuse cases are abuse from a parent and the proposed legislation would make it more difficult to take a child away. |
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Ms. Carpenter responded to questions from Committee members. She stated that she did not believe the proposed amendments violate federal law. She further stated that the police are not comfortable detaining a parent until the court is notified. |
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Mr. Deibert clarified that IV-E funding as referenced in the opinion letter from Jody Carpenter is funding from the Social Security Act and is used to pay for therapy for families with children in the custody of the state under the Child Protective Act, services provide under the Safe and Stable Families Act and expenses associated with Foster Care. |
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Ms. Carpenter stated that parents rights are protected in the shelter care hearings and that this is a complex issue and any changes to the current child protection statute should involve all interested parties. |
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MOTION: | Rep. Nielsen made a motion to HOLD H 240 in Committee to a time certain of Thursday, March 20th so all interested parties can study the proposed amendments. |
SUBSTITUTE MOTION: |
Rep. Ring made a Substitute Motion to HOLD H 240 in Committee. He stated that if all parents were as caring as the families that have testified today, there would not be a need for the Child Protective Act. He felt that the current statute is working. |
AMENDED SUBSTITUTE MOTION: |
Rep. Sali made an Amended Substitute Motion to HOLD H 240 in Committee to time certain at the pleasure of the Chair. He stated that he felt that the proposed legislation is an important issue and should be further studied. |
After lengthy Committee discussion, Rep. Nielsen withdrew his motion to HOLD H 240 in Committee to a time certain of Thursday, March 20th. |
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ROLL CALL VOTE: |
On a roll call vote, the Amended Substitute Motion to HOLD H 240 to a time certain at the pleasure of the Chair, passed by a vote of 6 AYES, 3 NAYS, and 2 absent. Representatives Block, Kulczyk, Garrett, McGeachin, Nielsen, and Sali voted AYE. Representatives Ring, Henbest, Martinez voted NAY. Representatives Eberle and Mitchell were absent. |
MOTION: | Rep. Nielsen made a motion to adjourn the meeting. On a voice vote, the motion carried. |
ADJOURN: | Vice-Chairman Block adjourned the meeting at 4:18 P.M. |
DATE: | March 20, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
None |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 2:45 P.M. | |
MOTION: | Rep. Henbest made a motion to approve the minutes for March 12, 2003 and March 14, 2003 as submitted. On a voice vote, the motion carried. |
Chairman Sali announced that HB 376, relating to expanded CHIP coverage is in the Committee. He explained that he thought it would be better dealt with in the Business Committee. |
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MOTION: | Rep. Mitchell made a motion to refer HB 376 to the Business Committee. On a voice vote, the motion carried. |
HCR 28: | Senator Kennedy presented this resolution to the Committee. He explained that this concurrent resolution would reject a pending rule of the Idaho Commission on Aging relating to senior services program fees and client contributions and determining income. Sen. Kennedy explained that the Senate Health and Welfare Committee felt that the sentence should not be stricken in the rule, “In determining income for respite clients, income means the gross income of the client as specified above but shall not include in the income of any other person(s) who reside in the household”. The Senate Health and Welfare Committee felt that only the income of the client should be considered. |
CON: | Sarah Scott, representing the Commission on Aging, spoke in opposition to HCR 28. She explained that the Commission does not charge its clients for respite care services and by leaving the sentence in the rule as referenced above, could be misleading and confusing. She stated that whether the sentence is removed or not, service would not be affected. |
In response to questions from Committee members, Ms. Scott clarified that the section that is proposed to be deleted has nothing to do with eligibility, and pointed out to the Committee that respite care services has a separate section in the rule that deals with eligibility. She further clarified that the Commission only charges for homemaker and chore services. |
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Sen. Kennedy responded to questions from Committee members. He explained that the concern was that clients might be excluded from other services if the income of other household members was taken into account. |
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MOTION: | Rep. Henbest made a motion to HOLD HCR 28 in Committee. |
SUBSTITUTE MOTION: |
Rep. Ring made a Substitute Motion to send HCR 28 to the Floor with a DO PASS recommendation. |
ROLL CALL VOTE: |
A roll call vote on the Substitute Motion to send HCR 28 to the Floor with a DO PASS recommendation failed on a vote of 4 AYES and 7 NAYS. Representatives Block, Ring, Nielsen and Sali voted AYE. Representatives Kulczyk, Garrett, Eberle, McGeachin, Henbest, Martinez and Mitchell voted NAY. |
ORIGINAL MOTION: |
On a voice vote, the Original Motion to HOLD HCR 28 in Committee carried. |
SCR 108: | Senator Kennedy presented this resolution to the Committee. He explained that this concurrent resolution would reject a pending rule of the Department of Health and Welfare relating to eligibility for aid to the aged, blind and disabled concerning rebuttable presumption relating to transferring money to become Medicaid eligible. Sen. Kennedy explained that the Senate Health and Welfare Committee felt that by striking the words, “there is a rebuttable presumption” is contrary to legislative intent. |
CON: | Phil Gordon, chief of the Bureau of Benefit Programs Operations in the Division of Welfare, testified in opposition to SCR 108. He explained that the Department proposed the rule change in order to align their policy with Idaho Code. He further explained that the intent was to clarify the language to sync-up with state statue and Medicaid rules, believing that language consistency would assist the Department in ensuring more accurate eligibility determinations and would reduce the incidence of fraud and estate recovery issues. He stated that the presumption is that unless the asset transfer meets permissible criteria, the transfer was made for the purpose of qualifying for Medicaid, and the transfer penalty would be applied. He further stated that the client can rebut that presumption and the asset transfer penalty would not be imposed then, if the individual proves the transfer was made for another purpose than to qualify for Medicaid. |
CON: | Willard Abbott, deputy Attorney General assigned to the Department of Health and Welfare, spoke in opposition to SCR 108. He explained that any person can rebut a claim unless it says in statute that you cannot. He further explained that this section in rule is crucial to carrying out legislation passed last year concerning asset transfers. He also explained that this section in rule is meant to address a loophole in the Federal Medical law that one spouse can transfer assets to another when one person is in a nursing home and one is in the community. In response to questions, Mr. Abbott clarified that the statute would have control over the rule. |
In response to questions from Committee members, Karen Gustafson, from the Administrative Rules office, clarified that the Legislature cannot amend a rule, either the entire section has to be kept in its entirety or sections rejected in their entirety. |
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MOTION: | Rep. Eberle made a motion to send SCR 108 to the Floor with a DO PASS recommendation. |
Committee discussion followed and the following points were discussed; the rule is an attempt to line up with the statute and rules promulgated by agencies should be clear. |
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ORIGINAL MOTION: |
On a voice vote, the Motion to send SCR 108 to the Floor with a DO PASS recommendation failed. |
SB 1102a: | Steve Millard, president of the Idaho Hospital Association, presented this bill to the Committee. He explained that health care organizations maintain a formal peer review process in order to reduce the occurrence of illness and death and to enforce and improve standards of medical practice. He further explained that records used in peer review are confidential and privileged. He stated that the purpose of this legislation serves to clearly define key terminology, to include: “peer review,” “peer review records, ” and “patient care records.” It also delineates the circumstances upon which records lawfully may be released by the health care organization that owns them; and it clarifies immunity from civil liability. Further, a new section fully delineates the health care organizations’ reporting obligations to the State Board of Medicine and details the sanctions and content of mandatory reports. In addition, the proposed legislation clarifies that no physician or surgeon shall be required to report information known, learned or discovered as a result of access to peer review records or participation in peer review. Mr. Millard explained that the proposed legislation is co-sponsored by the Idaho Medical Association and the Idaho State Board of Medicine and is a result of over four months of negotiations. He further explained that there is an amendment to the bill which was proposed by the Board of Medicine. It inserts “shall” in place of “may” in the section dealing with requests of records from the district court and deletes the phrase “and then only to the extent the board of medicine is required by law to disclose such records, files or information.” |
PRO: | Nancy Kerr, executive director of the Board of Medicine, and Bob Seehusen, CEO of the Idaho Medical Association, voiced their support for S 1102a. |
MOTION: | Rep. Garrett made a motion to send S 1102a to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Garrett will sponsor the bill on the House Floor. |
H 368: | Rep. Eberle presented this bill to the Committee. He explained that the purpose of this legislation is to amend the section of Idaho Code that relates to immunizations, to clarify existing state law, to require notification that immunization is voluntary, and to prohibit denial of services. |
Rep. Eberle further explained that there is currently in statute, an exemption for parents who do not choose to have their children immunized, but that schools has chosen to ignore the exemption and prohibit un-immunized children from registering. He clarified that everything except for section 4 of the bill is currently in Idaho Code. Section 4 of the bill states that “no school, medical establishment, or other facility shall deny admittance or services to any person who is not fully immunized and who is lawfully exempt from any immunization requirement. Any notice regarding immunization disseminated by a school, medical, or other facility shall include the preceding sentence, and an explanation of the legal right to refuse immunization pursuant to Idaho Code. “ |
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Rep. Eberle stated that the proposed legislation is not in it’s final form and would like impute from Committee members and other interested parties. |
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Dick Schultz, Administrator for the Division of Health, addressed the Committee. He provided packets of information to Committee members that are given to parents or guardians when their children are immunized. He stated that it is required by federal law to have signed informed consent for immunizations. He further stated that he would be happy to work with Rep. Eberle to rewrite the proposed legislation to satisfy his concerns. |
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MOTION: | Rep. Kulczyk made a motion to HOLD H 368 in Committee to a time certain at the pleasure of the Chair. |
SUBSTITUTE MOTION: |
Rep. Henbest made a Substitute Motion to HOLD H 368 in Committee. |
After Committee discussion, Rep. Henbest withdrew her Substitute Motion. |
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ORIGINAL MOTION: |
On a voice vote, the Original Motion to HOLD H 368 in Committee to a time certain at the pleasure of the Chair, carried. |
ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 4:55 P.M. |
DATE: | March 24, 2003 |
TIME: | 1:30 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Rep. Henbest |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 3:03 P.M. | |
MOTION: | Rep. Martinez made a motion to approve the minutes of the March 20, 2003 meeting as submitted. On a voice vote, the motion carried. |
H 200: | Rep. Douglas presented this bill to the Committee. She explained that the purpose of this legislation is to require that if a child under the age of one year dies suddenly and unexpectedly and sudden infant death syndrome (SIDS) is suspected, an autopsy is to be performed. She further explained that Sudden Infant Death Syndrome (SIDS) is declared to be the cause of death of a child, generally one year of age or under, when there is not a medical, environmental or genetic cause of death. She stated that the number of deaths attributed to SIDS have declined in the past few years, due in part to a program of continuing awareness and education of parents. She further stated that in Idaho, the majority of SIDS victims already undergo an autopsy. In 1999, there was a 93 % autopsy rate, in 2000 all 12 cases underwent autopsy, and in 2001, 14 of the 15 cases underwent autopsy. Rep. Douglas related her personal experience with her own child who died of SIDS. She stated that parents deserve to know if the infant died of SIDS and autopsies could relieve some guilt for the parents. |
In response to questions from Committee members, Rep. Douglas stated that she would like an autopsy to be performed in every case of an unexplained death. She further stated that for a true diagnosis of SIDS, an autopsy needs to be performed. She also stated that she would not object if the bill were sent to General Orders to clarify language as to who can perform autopsies. |
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PRO: | Dr. David Christensen, a pediatrician, representing the American Academy of Pediatrics, spoke in support of H 200. He explained that to make a diagnosis of SIDS, an autopsy has to be performed. He further explained that the cause of SIDS is unknown. He discussed other causes of sudden death of infants which include, asphyxiation, metabolic disorders, congenital abnormalities, alcohol or drug exposure, abdominal trauma and shaken baby syndrom. He stated that many inflicted injuries could be mis-diagnosed as SIDS, and an autopsy is the only way to rule out other causes of death. He outlined the benefits of autopsies of SIDS victims which include the |
PRO: | Karl Malott, a fire fighter and EMT representing the Professional Firefighters Association, spoke in support of H 200. He explained that he has personally seen approximately 10 unexplained infant deaths. He stated that it is important for parents to know that they did not do anything wrong and an autopsy could rule out any other cause of death. He further stated that it is important to have autopsies done to know if the EMT was exposed to anything. |
CON: | John Buck, Gem County Coroner and representing the Idaho State Association of Coroners, spoke in opposition to H 200. He explained that most county coroners are already doing autopsies on suspected SIDS victims and felt that this should not be mandated by the state. He stated that if the state mandates the autopsies, the state should pay for them also. He further stated that the Association is currently looking at adopting a protocol to deal with SIDS victims which would require autopsies. He explained that coroners would like to have flexibility to decide if an autopsy should be done. He provided to Committee members a handout outlining the current costs of autopsies, (see attached) which cost approximately $1,000 to $1,500 rather than $500 to $750 as outlined in the fiscal impact of the proposed legislation. He also discussed the possible funding by the Department of Health and Welfare for autopsies. He stated that most coroners are unaware that a grant could be applied for and do not know how to apply. |
MOTION: | After Committee discussion, Rep. McGeachin made a motion to HOLD H 200 in Committee. |
Rep. Douglas clarified that funding from the Department of Health and Welfare would allow pathologists to directly bill the Department up to $475 apiece for autopsies. |
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SUBSTITUTE MOTION: |
Rep. Mitchell made a Substitute Motion to send H 200 to the Floor without recommendation. |
Chairman Sali yielded the gavel to Vice-Chairman Block. | |
AMENDED SUBSTITUTE MOTION: |
Rep. Kulczyk made an Amended Substitute Motion to TABLE H 200. Rep. Sali explained that if a bill is tabled, it requires a two-thirds vote to bring it back before the Committee. |
Committee discussion followed, with the following points made; the new language on page 1 of the bill may negate the religious exemption for autopsies, the fiscal impact needs to be corrected, and the language describing those authorized to perform autopsies needs to be clarified. |
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ROLL CALL VOTE: |
On a roll call vote, the Amended Substitute Motion to TABLE H 200 carried by a vote a 6 to 5. Representatives Kulczyk, Garrett, Eberle, McGeachin, Nielsen, and Sali voted AYE. Representatives Block, Ring, Bray(substituting for Rep. Henbest), |
S 1075: | Richard Schultz, administrator of the Division of Health, presented this bill to the Committee. He explained that in recognition of the need to be prepared to deal with the threats of drug-resistant and emerging diseases and the threat of chemical or biological terrorism, this bill clarifies the authority of the Director of Health and Welfare to impose isolation and quarantine orders. It also provides for the possibility of immediate judicial review of such orders as a safeguard to those who may be affected by such orders. He explained that the proposed legislation differentiates between isolation and quarantine and court relief is give to those in quarantine. He further explained that if this bill passes, it will be in sync with the Department’s rules regarding isolation and quarantine. |
MOTION: | Rep. Eberle made a motion to send S 1075 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Eberle will sponsor the bill on the House Floor. |
S 1128: | Pharis Stanger, interim Adult Mental Health Program manager for the Department of Health and Welfare, presented this bill to the Committee. He explained that currently some courts within the state are not recognizing licensed counselors and marriage and family counselors as qualified to be Designated Examiners. He further explained that making Designated Examiner definitions the same would give the Department Director authority to designate “other mental health professionals” and will enable qualified professionals the same opportunity to practice as Designated Examiners for adult and child cases. The proposed legislation would amend Idaho Code to define terms of becoming a designated examiner, add language to strengthen the qualifications to become an examiner making it consistent with the designated examiner definition in existing Idaho Code, and amend the Code to define terms making it consistent with the designated examiner’s definition found in children’s mental health services. |
In response to questions from Committee members, Mr. Stanger explained that a Designated Examiner is someone who makes recommendations to the court of mental illness for the appropriate determination. |
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MOTION: | Rep. Nielsen made a motion to send S 1128 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Garrett will sponsor the bill on the House Floor. |
ADJOURN: | As there was no further business to be brought before the Committee, Vice-Chairman Block adjourned the meeting at 5:20 P.M. |
DATE: | Friday, March 28, 2003 |
TIME: | 1:00 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Representatives Henbest and Mitchell |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:03 P.M. | |
MOTION: | Rep. Kulczyk made a motion to approve the minutes of the March 24, 2003 meeting as submitted. On a voice vote, the motion carried. |
Rep. Kulczyk discussed with the Committee a copy of a letter written to the Speaker dated March 13, 2003 and signed by Representatives Kulczyk, McGeachin, Nielsen, and Eberle. (See attached). He explained that the letter was written in response to a letter of complaint written by Representatives Henbest, Mitchell, Martinez and Ring, a copy of which was placed in the Secretary and Legislative Librarian’s minute books on February 28, 2003. Rep. Kulczyk made a Unanimous Consent Request that a copy of his letter be placed in the Secretary and the Legislative Librarian’s minute books. There were no objections. |
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S 1165: | Molly Creswell, representing the Idaho Sleep Disorders Association, presented this bill to the Committee. She explained that the Idaho State Board of Medicine has suggested that some sleep disorder technicians or laboratory personnel (polysomnographers) have been practicing respiratory therapy without a license. She further explained that the purpose of this legislation is to provide for the issuance of limited permits to some ploysomnographers allowing them to continue to perform their limited scope of duties in the field of respiratory therapy without becoming fully licensed as respiratory therapists. She stated that the legislation provides qualifications for permits, including educational requirements, and places polysomnographers under the direction of the respiratory therapy licensure board, a board under the direction of the Idaho State Board of Medicine. |
Rita Jo Devlin, a respiratory technician, explained what polysomnographers do. She stated that the technicians administer sleep studies in sleep labs for the diagnosis of sleep-related disorders. She further stated that sleep techs do three things in the course of conducting sleep studies that overlap into the practice of respiratory therapy; they administer oxygen, provide ventilatory assistance to patients and maintain patient airways. |
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MOTION: | Rep. Ring made a motion to send S 1165 to the Floor with a DO PASS recommendation. On a voice vote, the motion carried. Rep. Kulczyk voted NAY. Chairman Sali will sponsor the bill on the House Floor. |
Chairman Sali announced that Rep. Gagner had previously requested that the Committee review two paragraphs of intent language proposed for the Health and Welfare appropriation. Rep. Gagner had withdrawn his request just before the meeting began because one proposed paragraph will be withdrawn and there are ongoing discussions regarding the other paragraph of that intent language. On that basis Rep. Sali asked for unanimous consent that the Committee not consider the intent language at this meeting. He further announced that the Speaker has requested that the Committee hold off on discussing the intent language. |
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ADJOURN: | As there was no further business to be brought before the Committee, Chairman Sali adjourned the meeting at 1:18 P.M. |
DATE: | April 4, 2003 |
TIME: | 1:00 PM |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, and Martinez |
ABSENT/
EXCUSED: |
Representatives Mitchell and Eberle |
GUESTS: | See attached list |
Chairman Sali called the meeting to order at 1:06 pm. | |
MOTION | Vice Chairman Block moved that the minutes of March 28, 2003 be approved as written. |
SUBSTITUTE MOTION |
Representative Henbest made a substitute motion that the minutes of March 28 be approved with the deletion of “for Committee members” on line one, in the last paragraph, on page one. Motion carried by voice vote. |
Chairman Sali called upon Representative Gagner to present his proposed language of intent for the H&W appropriation regarding HCR21. The language would read “Section 9: Relating to Utilization Management. It is the intent of the Idaho Legislature that the Department of Health and Welfare implement a case management software program, but not enter into an Independent Assessment Provider (IAP) contract for the period July 1, 2003, through June 30, 2004.” Committee discussion took place. Chairman Sali suggested that the Committee send a letter to the Co-Chairs of JFAC including this intent language. He asked for a show of |
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ADJOURN: | There being no further business before the committee, the meeting was adjourned at 1:40 pm. |
DATE: | April 10, 2003 |
TIME: | 1:00 P.M. |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring, Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Rep. McGeachin |
GUESTS: | See attached list. |
Chairman Sali called the meeting to order at 1:10 P.M. | |
MOTION: | Rep. Martinez made a motion to approve the minutes of April 4, 2003 as submitted. On a voice vote, the motion carried. |
Rep. Henbest provided to Committee members a copy of a letter she had received from the Department of Health and Welfare addressing the Committee’s concern about the four hour cap on mental health case management. (See attached letter). As outlined in the letter, The Department will, as of April 28, 2003, allow case management agencies to deliver crisis case management services. On a monthly basis, agencies will be able to provide up to four hours of regular case management and up to four hours of crisis case management. The Department will also have the ability to authorize additional hours beyond the eight hour limit based on individual need and jointly established criteria. The Department’s letter also stated that by May 16, 2003, statewide provider training on crisis case management will be accomplished. Rep. Henbest asked that the letter from the Department be included in today’s minutes. There were no objections. |
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Chairman Sali yielded the gavel to Vice-Chairman Block. | |
Rep. Sali presented to the Committee a copy of proposed intent language regarding the use of Title X federal funds for the Department of Health and Welfare’s fiscal year 2004 appropriation bill. He discussed the proposed language which states, “Relating to family planning and reproductive health care services for low-income women. It is the intent of the Idaho Legislature that all contracts or grants awarded by the Department of Health and Welfare from moneys received under Title X of the Public Health Services Act, go exclusively to Idaho’s seven public health districts for the period July 1, 2003, through June 30, 2004. As a condition for receiving these contracts or grants, Idaho’s seven public health districts must agree to retain all Title X funding awarded to them and may not subcontract these funds to independent agencies.” Rep. Sali explained that if the Committee votes to support the proposed intent language, it would be a recommendation from the Health and Welfare Committee to the Joint Finance and Appropriation Committee. Rep. Sali then discussed with the Committee comparisons of services |
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Rebecca Poedy, CEO of Planned Parenthood of Idaho, addressed the Committee. She spoke in opposition to the proposed intent language. She explained that the mission of Planned Parenthood is to reduce unwanted pregnancies. She further explained that PPI serves about 7,000 patients annually with their offices in Boise and Twin Falls. She stated that the Department of Health and Welfare receives from the state $136,800 per year for Title X services and that money is distributed to Planned Parenthood for those services. She further stated that none of Title X money is used for abortions, and that PPI cannot and will not do abortions. She also stated that PPI does provide emergency contraceptives that do not affect pregnancies. She said that since January of this year, PPI has already served approximately 4,000 clients. |
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Pastor Bryan Fischer, senior pastor of the Community Church of the Valley, addressed the Committee. He spoke in support of the proposed intent language. He explained that Planned Parenthood sends a “safe sex” message to teens that is responsible for a dramatic increase in teenage sexual experimentation, a dramatic increase in teenage pregnancy, the alarming spread of sexually transmitted diseases, and a dramatic increase in the number of abortions performed on teenagers. He further explained that Planned Parenthood is a private organization receiving taxpayer dollars to promote a philosophy and view of human sexuality which the great majority of parents and Idaho citizens find objectionable. He provided to Committee members a copy of four pages from Planned Parenthood’s site for teenage sexual advice. |
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Anne Pasley-Stuart, representing the Idaho Nurses Association and the National Association of Social Workers, spoke in opposition to the proposed intent language. She explained that the language limits access to family planning information which is provided by Planned Parenthood. She further explained that anything that impedes family planning is bad public policy. |
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Lee Flinn, executive director of the Idaho Womens’ Network, spoke in opposition to the proposed intent language. She stated that the proposed intent language is unnecessary and represents a threat to sound public health policy. She further stated that family planning services are basic reproductive health care and are necessary health care for women. She stated that the proposed intent language is bad policy because, it is fiscally irresponsible as it seeks to remove funding from Planned Parenthood of Idaho, a very successful public private partnership that has received Title X funds for 30 years and has a positive track record of providing low cost or no cost health care; the language would likely have a negative impact on the working poor people in Idaho, and the language seeks to solve a problem that does not exist. She stated that no one can say for sure if the health districts could absorb an additional 7,000 patients if Planned Parenthood were to lose Title X funding. |
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Tammy Seydel spoke in support of the proposed intent language. She explained that she opposes the funding of Planned Parenthood because it violates decent Christian and moral codes while promoting its own statement of beliefs. She further explained that Planned Parenthood has a tainted reputation and has demonstrated deceptive and harmful practices. She stated that monies spent on Planned Parenthood would be better spent on the effective abstinence curriculums available and on providing children with a way to stay healthy rather than encourage them to engage in unhealthy practices. |
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Sabra McCreedy spoke in opposition to the proposed intent language. She told of a personal experience with Planned Parenthood in which her teenaged daughters received advice and services. She explained she was grateful for Planned Parenthood and the service they provide to low income women. |
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Judith Murray, representing the Idaho Nurses Association, addressed the Committee. She spoke in opposition to the proposed intent language. She explained that without Planned Parenthood of Idaho as a factor in the Title X funding, the money may be lost for all health districts as well. She further explained that with this loss of Title X funds, the State of Idaho will find increased Medicaid expenditures due to unplanned and unexpected pregnancies as well as an increased number of pregnancy terminations. She stated as a past University professor, she knows that many of the students use PPI as their only source of health care. She further stated that by having a source for annual exams and family planning, students are able to stay in school. |
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Laurie Moden spoke in support of the proposed intent language. She stated that there are many other organizations who offer true family planning. She felt that the methods advocated by Planned Parenthood are outdated and have failed to keep the teenage pregnancy rates down. As a result, 33% of births occur outside of wedlock. |
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Rick Schell, a father of an 18 year old daughter, spoke in support of the proposed intent language. He stated that Planned Parenthood undermines parental authority and Planned Parenthood’s message about promiscuous sex creates the need for private funding. |
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In response to questions from the Committee, Laurie Moden stated that Planned Parenthood does not share enough information on abstinence and offers no guarantees against sexually transmitted diseases. |
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Susan Ault, manager of the reproductive health care services for the Department of Health and Welfare responded to questions from Committee members. She stated that she did not know if the public health districts could handle the increase of clients if funds for Title X were not given to Planned Parenthood. She explained that Title X is a federal grant and has stringent guidelines and federal oversight. She stated that some of the public health care clinics offer evening and weekend appointments and could be encouraged to expand their hours. |
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In response to questions from Committee members, Ms. Poedy clarified that the entire budget for Planned Parenthood is $900,000. She further clarified that the state money administered by the Department of Health and Welfare 100% goes directly to client care. She stated that if Planned Parenthood does not receive Title X funds, low income patients may have to be charged for services. |
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Rep. Sali made an Unanimous Consent Request to send a letter from the Committee to the Joint Finance and Appropriation Committee to include the proposed intent language for the Department of Health and Welfare’s fiscal year 2004 appropriation bill. There were objections. |
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MOTION: | Rep. Sali made a motion to send a letter from the Committee to the Joint Finance and Appropriation Committee to include the proposed intent language for the Department of Health and Welfare’s fiscal year 2004 appropriation bill. |
Rep. Sali provided a handout to Committee members outlining the Idaho Reproductive Health Program and Title X and family planning. (See attached). Rep. Sali explained that the state would get a better return on the Title X money by directly funding the health districts. |
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Committee discussion followed and the following points were made; Planned Parenthood does the best job of offering contraceptives, voting against giving funds to Planned Parenthood would be voting for increased abortions, and increased costs to the CHIP program and Medicaid, the requirements are the same for Planned Parenthood and the health districts in using Title X funds and Planned Parenthood only operates in Boise and Twin Falls so the access to services funded by Title X are limited to Health Districts in all other parts of the state. |
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Rep. Sali made a Unanimous Consent Request to cease debate and vote on the Original Motion. There were no objections. |
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ROLL CALL VOTE: |
On a roll call vote, the Motion to send a letter from the Committee to the Joint Finance and Appropriation Committee supporting the inclusion of the proposed intent language for the Department of Health and Welfare’s fiscal year 2004 appropriation bill, passed on a vote of 6 to 4. Representatives Block, Kulczyk, Garrett, Eberle, Nielsen, and Sali voted AYE. Representatives Ring, Henbest, Martinez and Mitchell voted NAY. Representative McGeachin was absent. |
Rep. Henbest asked that the letter to the Joint Finance and Appropriation Committee reflect the vote of those opposing the Motion. The letter will be drafted with the NAY votes recorded. |
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ADJOURN: | There being no further business to be brought before the Committee, Vice-Chairman Block adjourned the meeting at 2:45 P.M. |
DATE: | April 17, 2003 |
TIME: | 1:00 P.M. or upon Adjournment |
PLACE: | Room 404 |
MEMBERS: | Chairman Sali, Vice Chairman Block, Representatives Eberle, Garrett, Kulczyk, McGeachin, Nielsen, Ring(Roberge), Henbest, Martinez, Mitchell |
ABSENT/
EXCUSED: |
Rep. Mitchell |
GUESTS: | None |
Chairman Sali called the final meeting of the Committee to order at 4:00 P.M. |
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MOTION: | Rep. Nielsen made a motion to approve the minutes of the April 10, 2003 with the following change; on page 1, the last sentence would now read, “Rep. Sali explained that if the Committee votes to support the proposed intent language, it would be a recommendation from the Health and Welfare Committee to the Joint Finance and Appropriation Committee.” The underlined words were changed to better reflect the Committee’s action. On a voice vote, the motion carried. |
Chairman Sali thanked the Committee members for the flowers and cards sent to him for the recent death of his father. He said that though this was a difficult time, he was very proud to call Gregory Sali his father as he was a very remarkable man. |
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Chairman Sali explained that there are several bills left in Committee that have not been heard that need to be returned to the Chief Clerk’s office. He asked for Unanimous Consent that the minutes reflect the Committee’s official action to HOLD House Bills 10, 14, 16, 18, 161, 235, 236, 239, 240, 241, 368, 373, HCR 28, SCR 107 and SCR 108 in Committee. There was no objection. Chairman Sali expressed his appreciation to the members for their hard Chairman Sali also recognized and praised the excellent work of the |
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ADJOURN: | There being no further business to be brought before the Committee, Chairman Sali adjourned the Committee, Sine Die, at 4:20 P.M. |